Covenant marriage; creating the Covenant Marriage Act of Oklahoma; establishing requirements for entering covenant marriage; providing tax credit for covenant marriage. Effective date. Emergency.
Summary
SB228 would create the “Covenant Marriage Act of Oklahoma,” establishing a new optional form of marriage with stricter entry and divorce requirements. Couples choosing a covenant marriage would have to sign a detailed Declaration of Intent, receive premarital counseling, and file the declaration with the county clerk when applying for a marriage license. The bill also allows an existing marriage to be converted into a covenant marriage if both spouses agree and complete the required counseling and filing steps.
The bill further limits dissolution of a covenant marriage to cases involving abandonment, abuse, or adultery, and generally requires counseling before a divorce filing unless the case involves abuse or a criminal conviction. In addition to the family-law changes, SB228 creates a state income tax credit for taxpayers in a covenant marriage: $2,500 for joint filers or $1,250 per spouse filing separately, with unused credit allowed to carry forward for five years. The measure directs the State Commissioner of Health to adopt rules and maintain records related to covenant marriage declarations.
Impact
SB228 would add new provisions to Title 43 governing marriage licenses and divorce, and a new tax credit provision in Title 68. It would create a separate legal category of “covenant marriage,” impose counseling and declaration requirements for entry and conversion, and narrow the grounds and procedures for divorce in those marriages. It would also require the Oklahoma Tax Commission to administer a nonrefundable income tax credit tied to covenant marriage status, affecting individual taxpayers who choose that marital form.
Sentiment
The bill’s stated purpose is strongly supportive of marriage permanence and religiously informed marital commitments, and its introduction reflects that policy preference. However, the available vote history suggests limited support in committee: the Senate Judiciary Committee vote on a do pass amended motion was 2 yeas to 6 nays, indicating the measure faced substantial resistance. No committee transcript was provided, so the recorded vote is the main indicator of sentiment.
Contention
The main points of contention are likely the bill’s restriction of divorce options, its religious framing of marriage as a covenant before God, and the use of a tax credit to incentivize participation. Supporters would view the measure as strengthening marriage and protecting religious freedom, while opponents may object to government involvement in defining a religiously styled marriage category, the narrowed divorce grounds, and the fiscal cost of the tax credit. The committee vote suggests these concerns outweighed support at least in the Judiciary Committee.
Carry Over
Covenant marriage; creating the Covenant Marriage Act of Oklahoma; establishing requirements for entering covenant marriage; providing tax credit for covenant marriage. Effective date. Emergency.