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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 228 By: Deevers
AS INTRODUCED
An Act relating to covenant marriage; creating the
Covenant Marriage Act of Oklahoma; providing short
title; stating legislative findings; defining term;
requiring Declaration of Intent to include certain
statement; establishing signature requirements;
establishing requirements for entering into covenant
marriage; establishing requirements for covenant
marriage license; authorizing conversio n of certain
marriage licenses; establishing procedures for
conversion of certain licenses; requiring State
Commissioner of Health to promulgate rules;
establishing requirements for dissolution of covenant
marriage; requiring certain counseling; providing
credit for a covenant marriage; stipulating credit
amount; requiring claim for credit to be made on a
form prescribed by the Oklahoma Tax Commission;
prohibiting refundability of credit; authorizing the
carry forward of credit; providing for
noncodification; providing for codification;
providing an effective date; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Stat utes reads as follows:
A. This act shall be known and may be cited as the “Covenant
Marriage Act of Oklahoma ”.
B. The Legislature of the State of Oklahoma finds that marriage
is a lifelong commitment and the foundation of a stable and healthy
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society. To strengthen the institution of marriage and to promote
the religious freedom of those who wish to enter into a marital
union under religious terms, this act establishes the option of a
covenant marriage, which emphasizes the sacredness and utmost
importance to the flourishing of individuals and societies of the
institution of marriage.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 21 of Title 43, unless there is
created a duplication in n umbering, reads as follows:
A. As used in this act, “Declaration of Intent ” means a
document signed by both parties at the time of applying for a
covenant marriage license that affirms their commitment to the
principles of a covenant marriage.
B. The Declaration of Intent for a covenant marriage shall
include the following statement to be signed by both parties:
“We do solemnly declare that marriage is a lifelong covenant
made before God. We have chosen each other carefully and
disclosed to one another e verything that could adversely affect
the decision to enter into this marriage . We have received
premarital counseling on the nature, purposes, and
responsibilities of marriage. We have read the Covenant
Marriage Act of Oklahoma, and we understand that a covenant
marriage is for life. If we experience marital difficulties, we
commit ourselves to take all reasonable efforts to preserve our
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marriage, including marital counseling. With full knowledge of
what this commitment means, we do hereby declare that our
marriage will be bound by the laws of the State of Oklahoma on
covenant marriages, and we promise to love, honor, and care for
one another as spouses for the rest of our lives. ”
Both parties must sign the document in the presence of two witnesses
and a notary public.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 22 of Title 43, unless there is
created a duplication in numbering, reads as follows:
A. Couples intending to enter into a covenant marriage shall,
in addition to submitting other marriage -related documents required
by law:
1. Sign a Declaration of Intent . Both parties must sign the
Declaration of Intent, as outlined in Section 2 of this act;
2. Undergo premarital counselin g. The parties shall complete
marriage counseling from a minister, clergy member, or counselor ;
and
3. File the Declaration of Intent . The signed declaration must
be filed with the marriage license application at the county clerk ’s
office.
B. A marriage license issued under this section shall clearly
indicate it is a covenant marriage license and shall be in strict
facial compliance with the requirements of Section 3 of Title 43 of
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the Oklahoma Statutes . An application for a covenant marriage
license shall include the following statement: “We, (name of
intended spouse) and (name of intended spouse), do hereby declare
our intent to contract a covenant marriage and, accordingly, have
executed a Declaration of Intent attached hereto. ”
C. An existing marri age license may be converted to a covenant
marriage license upon the agreement of both spouses. To convert an
existing marriage license, the couple shall:
1. Sign the Declaration of Intent;
2. Complete counseling on the nature and responsibilities of a
covenant marriage; and
3. File the signed Declaration of Intent with the county
clerk’s office.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 23 of Title 43, unless there is
created a duplication in numbering, reads as follows:
The State Commissioner of Health sha ll promulgate rules for the
administration of covenant marriage licenses and maintain records of
covenant marriage declarations.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 101.1 of Title 43, unless there
is created a duplication in numbering, reads as follows:
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A. Divorce in a Covenant Marriage shall only be granted if one
spouse can demonstrate by a preponder ance of the evidence that the
other spouse has committed one or more of the fo llowing acts:
1. Abandonment. The spouse has abandoned the petitioner for a
continuous period of at least one (1) year without justification,
which shall include, but not be li mited to, time in prison ;
2. Abuse. The spouse has committed physical or sexual abuse
against the petitioner or their child; or
3. Adultery. The spouse has committed adultery during the
marriage.
B. Couples in a covenant marriage shall be encouraged to seek
counseling in the event of marital difficulties. Marital counseling
shall be required prior to filing for divorce, except in cases
involving abuse or criminal conviction. Counseling shall be
provided by a minister, clergy member, or counselor.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2357.414 of Title 68, unless
there is created a duplication in numbering, reads as follows:
A. For tax year 2025 and subsequent tax years, there shall be
allowed a credit against the tax imposed pursuant to Section 2355 of
Title 68 of the Oklahoma Statutes for individual taxpayers in a
marriage resulting from the issuance of a covenant marriage license
pursuant to the provisions of Section 3 of th is act.
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B. The credit authorized pursuant to subsection A of this
section shall be in the amount of Two Thousand Five Hundred Dollars
($2,500.00) for taxpayers filing as married filing jointly or One
Thousand Two Hundred Fifty Dollars ($1,250.00) for each taxpayer
filing as married filing separately.
C. Claims for credit authorize d pursuant to this section shall
be made on a form prescribed by the Oklahoma Tax Commission and
shall include written certification that the taxpayers are married
through the issuance of a covenant marriage license as provided
pursuant to Section 3 of this act.
D. The credit allowed pursuant to the provisions of this
section shall not be used to reduce the income tax liability of the
taxpayer to less than zero (0).
E. If the amount of the credit allowed pursuant to this section
exceeds the income tax lia bility, the amount of credit not used in
any tax year may be carried forward, in order, to each of the five
(5) subsequent tax years.
SECTION 7. This act shall become effective July 1, 2025.
SECTION 8. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-1-1344 TEK 12/30/2024 4:59:01 PM