Marriage
43-3.1. Recognition of marriage between persons of same gender prohibited. A marriage between persons of the same gender performed in another state shall not be recognized as valid and binding in this state as of the date of the marriage.
43-4. License required. No person shall enter into or contract the marriage relation, nor shall any person perform or solemnize the ceremony of any marriage in this state without a license being first issued by the judge or clerk of the district court, of some county in this state, authorizing the marriage between the persons named in such license.
43-5-A-4. That the parties are not disqualified from or incapable of entering into the marriage relation; and
5. Whether the parties have successfully completed a premarital counseling program.
43-5-B-2. Parties to be married and who present a certificate to the clerk of the district court that states the parties have completed the premarital counseling program pursuant to Section 5.1 of this title shall be entitled to pay a reduced fee for a marriage license in an amount provided in Section 31 of Title 28 of the Oklahoma Statutes.
D. The marriage license shall be valid in any county within the state.
43-5.1. Premarital counseling.
A. The clerk of the district court shall reduce the fee for a marriage license as prescribed by Section 31 of Title 28 of the Oklahoma Statutes to persons who have successfully completed a premarital counseling program meeting the conditions specified by this section.
B. 1. A premarital counseling program shall be conducted by a health professional, an official representative of a religious institution, or a person trained by the principal authors or duly authorized agents of the principal authors of nationally recognized marriage education curriculum including, but not limited to, Prevention & Relationship Enhancement Program (PREP). Upon successful completion of the program, the counseling program provider shall issue to the persons a certificate signed by the instructor of the counseling program. The certificate shall state that the named persons have successfully completed the premarital counseling requirements. A minimum of four (4) hours of education or counseling shall be necessary for successful completion of the marriage education curriculum.
43-7. Solemnization of marriages.
A. All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age.
2. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is a resident of this state shall have filed, in the office of the court clerk of the county in which he or she resides, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages.
3. The preacher, minister, priest, rabbi, or ecclesiastical dignitary who is not a resident of this state, but has complied with the laws of the state of which he or she is a resident, shall have filed once, in the office of the court clerk of the county in which he or she intends to perform or solemnize a marriage, a copy of the credentials or authority from his or her church or synagogue authorizing him or her to solemnize marriages.
4. The filing by resident or nonresident preachers, ministers, priests, rabbis, ecclesiastical dignitaries or judges shall be effective in and for all counties of this state; provided, no fee shall be charged for such recording.
C. No person herein authorized to perform or solemnize a marriage ceremony shall do so unless the license issued therefor be first delivered into his or her possession nor unless he or she has good reason to believe the persons presenting themselves before him or her for marriage are the identical persons named in the license, and for whose marriage the same was issued, and that there is no legal objection or impediment to such marriage.
43-8. Endorsement and return of license. A. The person performing or solemnizing the marriage ceremony shall, immediately upon the completion of the ceremony, endorse upon the license authorizing the marriage:
1. His or her name and official or clerical designation;
2. The congregation or body of which he or she is pastor,
preacher, minister, priest, rabbi or dignitary; provided, that the authority to perform or solemnize marriages shall be coextensive with the congregation or body of which he or she is pastor, preacher, minister, priest, rabbi or dignitary;
4. His or her signature along with his or her official or clerical designation.
B. The witnesses to the ceremony shall endorse the marriage certificate, attesting to their presence at the ceremony, with their names and post office addresses.
C. The persons who have been married in the ceremony shall endorse the marriage certificate with the names by which they are to be known from the time of the marriage, as evidenced on the marriage license.
D. The marriage license, along with the completed marriage certificate shall be transmitted without delay to the judge or the court clerk who issued the license and certificate.
43-14. Penalty for performing unlawful marriage.
Any minister of the Gospel, or other person authorized to solemnize the rites of matrimony within this state, who shall knowingly solemnize the rites of matrimony between persons prohibited by this chapter, from intermarrying shall be deemed guilty of a felony, and upon conviction thereof shall be fined in any sum not exceeding Five Hundred Dollars ($500.00) and imprisonment in the State Penitentiary not less than one (1) year nor more than five (5) years.
43-16. Soliciting in or near court house or grounds prohibited.
It shall be unlawful for any person to solicit directly or indirectly within any courthouse, premises or grounds or lots on which a courthouse may be located in any county within the State of Oklahoma for himself or for and on behalf of any minister of the Gospel or other person, the performance of a marriage ceremony.
43-17. Punishment for violations.
Any person violating this act shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed Twenty?five Dollars ($25.00) for the first conviction, and for any second or subsequent conviction by a fine of not less than Twenty?five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
43-18. Injunction against violations.
In addition to the penalty provided in Section 2 hereof for a violation of this act, a cause of action shall exist in favor of any citizen of any county, or in favor of the State of Oklahoma on the relation of the district attorney of any county where the offense is committed to apply to the district court of the county for an injunction restraining the violation of this act.
43-36. Issuance of license - Delivery to person officiating - Return to licensing authority.
Marriage licenses shall be issued to all applicants who are entitled under the laws of the State of Oklahoma to apply for a marriage license and to contract matrimony. Any person obtaining a marriage license from the court clerk shall deliver the license, within ten (10) days from the date of issue, to the clergy or other qualified person who is to officiate before the marriage can be performed. The license issued shall be returned by the clergy or other qualified person who officiated the marriage to the licensing authority who issued the same within five (5) days succeeding the date of the performance of the marriage therein authorized. Any person or persons who shall willfully neglect to make such return within the time above required shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) for each and every offense.
Counseling/healing
This entire section requires that ministers providing services based in spiritual guidance to not promote themselves in any way as a Licensed Mental Health Practitioneer. You may perform the duties of the clergy in a professional manner, but not claim Licensed authority under any provisions of the Statutes of this State.
Nursing
59-567.11. Exceptions to application of act.
The Oklahoma Nursing Practice Act shall not be construed to affect or apply to:
7. The practice of nursing in connection with healing by prayer or spiritual means alone in accordance with the tenets and practice of any well?recognized church or religious denomination provided that no person practicing such nursing holds himself out to be a graduate or registered nurse or licensed practical nurse.
59-731.2. Use of word "Doctor" or abbreviation "Dr.", etc. as evidence.
59-731.5. Application of law. Nothing in this act shall apply to: 6. The practice of those who endeavor to prevent, or cure, disease or suffering, by spiritual means or prayer;
59-1250. This act may be cited as the "Social Worker's Licensing Act".
59-1251. License required - Exemptions.
B. Nothing contained herein shall be construed to prevent qualified persons from doing work within the standards and ethics of their respective professions. Provided, that such persons shall not hold themselves out to the public by any title or description of services as being engaged in the practice of social work.
6. Nothing in this act shall be construed to prevent members of other professions from performing functions for which they are duly licensed; provided, however, such professionals shall not hold themselves out or refer to themselves by any title or description stating or implying that they are engaged in the practice of social work or that they are licensed to engage in the practice of social work.
59-1351, Psychologists Licensing Act.
59-1353. License required - Activities exempt.
2. Qualified members of other professions, including, but not limited to, physicians, licensed social workers, licensed professional counselors, licensed marital and family therapists, or pastoral counselors, doing work of a psychological nature consistent with their training and consistent with the code of ethics of their respective professions provided they do not hold themselves out to the public by any title or description incorporating the word psychological, psychologist, or psychology;
59-1872. Other professionals - Use of title "licensed alcohol and drug counselor"
A. The Licensed Alcohol and Drug Counselors Act shall in no way infringe upon the pursuits of the following professionals acting within the scope of their licenses or employment as such professionals, nor shall such professionals use the title "licensed alcohol and drug counselor":
2. Members of the clergy;
59-1903
A. The Licensed Professional Counselors Act shall not be construed to include the pursuits of the following professionals acting within the scope of their duties as such professionals, nor shall the title "Licensed Professional Counselor" or "LPC" be used by such professionals:
4. Members of clergy.
1. Any person who is unlicensed and operating under these exemptions shall not use any of the following official titles or descriptions:
a. Psychologist, psychology or psychological,
b. licensed social worker,
c. clinical social worker,
d. certified reh abilitation specialist,
e. licensed professional counselor,
f. psychoanalyst, or
g. marital and family therapist.
59-1911. Failure to comply with act - Penalties.
A. Any person who:
1. Represents himself or herself by the title "Licensed Professional Counselor" or "LPC" without having first complied with the provisions of the Licensed Professional Counselors Act;
3. Uses the title of Licensed Professional Counselor or any other name, style or description denoting that the person is licensed as a licensed professional counselor; or
4. upon conviction thereof, shall be guilty of a misdemeanor and shall be punished by imposition of a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense and in addition may be imprisoned for a term not to exceed six (6) months in the county jail or by both such fine and imprisonment.
59-1925.1 "Marital and Family Therapist Licensure Act".
59-1925.3. Application to other professionals - Exemptions.
A. The Marital and Family Therapist Licensure Act shall not be construed to apply to the following professionals while acting within the scope of their respective professions:
7. Members of the clergy who are in good standing with their denominations;
8. Christian Science practitioners;
59-1925.11. Confidentiality - Exceptions - Professional privilege - Court testimony.
B. No information shall be treated as privileged and there shall be no privileges created by the Marital and Family Therapist Licensure Act as to any information acquired by the person licensed pursuant to the Marital and Family Therapist Licensure Act when such information pertains to criminal acts or violation of any law.
59-1932. Professions excluded from application of act - Exemptions from licensure requirements.
4. Members of the clergy and lay pastoral counselors.
