Roberts v. Roberts

SIMMS, Vice Chief Justice,

dissenting.

I dissent. I believe the statute is viola-tive of due process and equal protection guarantees of the state and federal constitutions, and the majority opinion has not persuaded me otherwise.

Donna Roberts has a valid, final and otherwise enforceable judgment for support alimony. The State of Oklahoma, through enactment of § 1289(D), has declared her rights in that judgment “lost” due to her sexual conduct and living arrangement. That conduct was lawful and occurred in the privacy of her home, in a living arrangement which was also lawful.

We are not…