Same-sex unions in Oregon
Encyclopedia
In 2004 and 2005, there was controversy and political disagreement concerning the status of same-sex marriage
in Oregon
. In 2004, Multnomah County
began issuing same-sex marriage
licenses, which began a political battle over same-sex marriage that ended later that year with an amendment
to the Oregon Constitution
. In 2005, the legislature introduced a bill to create civil unions which eventually died in committee and did not become law.
Currently, the state of Oregon does not recognize same-sex marriage. However, Ted Kulongoski
, governor of Oregon at the time, signed a domestic partnership bill into law on May 9, 2007. Called the Oregon Family Fairness Act, the law would provide several major rights to same-sex couples that were previously only given to married couples, including the ability to file jointly on insurance forms, hospital visitation rights, and rights relating to the deceased partner. While January 1, 2008 was the date the statute would have taken effect, a court challenge delayed its implementation until being resolved on February 1, 2008, and the law went into effect that day, with registrations set to begin on February 4, 2008.
The Oregon Constitution now states: It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.
On the first day, Multnomah county issued 422 marriage licenses, compared to 68 on an average day. Local businesses reported an up-tick in sales of flowers and other marriage-related services directly related to the beginning of same-sex marriages. According to the 2000 US Census, 3,242 same-sex couples were living in the county.
Neighboring Washington
and Clackamas
Counties initially announced that they were studying Multnomah County's legal opinion, but did not plan to immediately follow suit.
As of the hearing, approximately 1,700 marriage licenses had already been issued by the county. A later study by The Oregonian
revealed that the first week's 2,026 people from Multnomah County had received licenses, about one third of the 2000 census figure, about 900 other people came from other locations in Oregon, about 490 from the state of Washington, and 30 from other states.
The Attorney General stated that his office lacked the authority to order Multnomah County to cease issuing licenses for same-sex marriages.
Both sides agreed to let three couples with venue sue the state of Oregon in Multnomah County Court to settle the issue. The suit was named Li & Kennedy vs. State of Oregon, et al., after Mary Li and Rebecca Kennedy, the first same-sex couple to receive a marriage license from Multnomah County.
In early 2007, HB2007 was introduced in the House similar to the 2005 legislation which adopted the term "domestic partnership" to describe these unions and avoided the terms "marriage" and "civil union". This bill passed both houses of the legislature and was signed into law on May 9, 2007 to take effect January 1, 2008. However a court challenge delayed its implementation was not resolved until February 1, 2008, and registrations began on February 4, 2008.
surveyed 701 Oregon voters from June 19th to 21st and asked two of the following questions regarding, Same-Sex Marriage, Civil Unions and legal recognition.
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
in Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. In 2004, Multnomah County
Multnomah County, Oregon
Multnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
began issuing same-sex marriage
Same-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
licenses, which began a political battle over same-sex marriage that ended later that year with an amendment
Oregon Ballot Measure 36 (2004)
Ballot Measure 36 was a 2004 initiative in the U.S. state of Oregon. It amended the Oregon Constitution to define marriage as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against in the November 2, 2004 general election.It is one of a...
to the Oregon Constitution
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
. In 2005, the legislature introduced a bill to create civil unions which eventually died in committee and did not become law.
Currently, the state of Oregon does not recognize same-sex marriage. However, Ted Kulongoski
Ted Kulongoski
Theodore R. "Ted" Kulongoski is an American politician, who served as the 36th Governor of Oregon. A Democrat, he has served in both houses of the Oregon Legislative Assembly, as the state Insurance Commissioner, the Attorney General, and an Associate Justice on the Oregon Supreme Court.-Early...
, governor of Oregon at the time, signed a domestic partnership bill into law on May 9, 2007. Called the Oregon Family Fairness Act, the law would provide several major rights to same-sex couples that were previously only given to married couples, including the ability to file jointly on insurance forms, hospital visitation rights, and rights relating to the deceased partner. While January 1, 2008 was the date the statute would have taken effect, a court challenge delayed its implementation until being resolved on February 1, 2008, and the law went into effect that day, with registrations set to begin on February 4, 2008.
The Oregon Constitution now states: It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage.
Dispute over same-sex marriages in Oregon
- March 3, 2004: The Multnomah CountyMultnomah County, OregonMultnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
government began issuing licenses for same-sex marriageSame-sex marriageSame-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
s, pursuant to a legal opinion issued by its attorney deeming such marriages lawful.
On the first day, Multnomah county issued 422 marriage licenses, compared to 68 on an average day. Local businesses reported an up-tick in sales of flowers and other marriage-related services directly related to the beginning of same-sex marriages. According to the 2000 US Census, 3,242 same-sex couples were living in the county.
Neighboring Washington
Washington County, Oregon
- Major highways :* Interstate 5* Interstate 205* U.S. Route 26* Oregon Route 6* Oregon Route 8* Oregon Route 10* Oregon Route 47* Oregon Route 99W* Oregon Route 210* Oregon Route 217* Oregon Route 219-Demographics:...
and Clackamas
Clackamas County, Oregon
Clackamas County is a county located in the U.S. state of Oregon. The county was named after the Native Americans living in the area, the Clackamas Indians, who were part of the Chinookan people. As of 2010, the population was 375,992...
Counties initially announced that they were studying Multnomah County's legal opinion, but did not plan to immediately follow suit.
- March 9, 2004: At the first legal hearing, County Circuit Judge Dale Koch refused to issue an injunction stopping the ceremonies.
As of the hearing, approximately 1,700 marriage licenses had already been issued by the county. A later study by The Oregonian
The Oregonian
The Oregonian is the major daily newspaper in Portland, Oregon, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 1850...
revealed that the first week's 2,026 people from Multnomah County had received licenses, about one third of the 2000 census figure, about 900 other people came from other locations in Oregon, about 490 from the state of Washington, and 30 from other states.
- March 10, 2004: Attorney Greg Chaimov, the State Legislature'sOregon Legislative AssemblyThe Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
Legislative Counsel, issued an opinion stating that counties in Oregon could not prohibit same-sex couples from receiving marriage licenses.
- March 12, 2004: Attorney General Hardy MyersHardy MyersHardy Myers is a lawyer and Democratic politician who served three terms as attorney general of the state of Oregon, United States...
issued his office's opinion, after reviewing it with the governor. He concluded:- current Oregon laws prohibit county clerks from issuing marriage licenses to same-sex couples;
- under current law, the legal status of being "married" carries with it legal rights, benefits, and obligations;
- the Oregon Supreme CourtOregon Supreme CourtThe Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
likely would conclude that withholding from same-sex couples the legal rights, benefits, and obligations that — under current law — are automatically granted to married couples of the opposite sex likely violates Article I, Section 20 of the Oregon ConstitutionOregon ConstitutionThe Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
; but - because of the uncertainties about the Article I, Section 20 analysis that the Oregon Supreme Court would bring to bear on the question, it would be unwise to change current state practices unless and until a decision by the Supreme Court makes clear what, if any, changes are required.
The Attorney General stated that his office lacked the authority to order Multnomah County to cease issuing licenses for same-sex marriages.
- March 15, 2004: Multnomah County commissioners announced that they would continue to issue licenses to same-sex couples.
- March 16, 2004: Following public hearings, Benton CountyBenton County, Oregon-National protected areas:*Siuslaw National Forest *William L. Finley National Wildlife Refuge-Demographics:As of the census of 2000, there were 78,153 people, 30,145 households, and 18,237 families residing in the county. The population density was 116 people per square mile . There were 31,980...
commissioners voted 2-1 to start issuing marriage licenses to same sex couples, beginning Wednesday, 24 March 2004.
- March 22, 2004: After receiving two letters from the attorney general and a phone call threatening to arrest the county clerk, the Benton county commissioners reversed their decision and voted to issue no marriage licenses of any kind—neither same-sex nor opposite-sex—pending a decision by the Multnomah County Court.
Both sides agreed to let three couples with venue sue the state of Oregon in Multnomah County Court to settle the issue. The suit was named Li & Kennedy vs. State of Oregon, et al., after Mary Li and Rebecca Kennedy, the first same-sex couple to receive a marriage license from Multnomah County.
- April 16, 2004: Attorneys for the American Civil Liberties UnionAmerican Civil Liberties UnionThe American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
and Basic Rights OregonBasic Rights OregonBasic Rights Oregon is an American nonprofit gay rights organization based in Portland, Oregon. It is the largest advocacy, education, and political organization working in Oregon to end discrimination based on sexual orientation and gender identity. BRO has twelve full-time staff, a contract...
presented arguments in favor of the couples, while attorneys for the Oregon Department of Justice and Defense of Marriage Coalition argued against the County's actions before Judge Frank Bearden.
- April 20, 2004: In Li & Kennedy vs. State of Oregon, Judge Bearden ordered the county to stop issuing same-sex marriage licenses, while simultaneously ordering the state of Oregon to recognize the 3,022 same-sex marriage licenses already issued. The Oregon state registrar had been holding the completed licenses, rather than entering them into the state's records system, pending a court decision as to their validity. Judge Bearden also found that the Oregon ConstitutionOregon ConstitutionThe Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
would likely allow some form of marriage rights to same-sex couples, and directed the Legislature to act on the issue within 90 days of the start of its next session. He ruled that, should they fail to successfully address the issue within that time, Multnomah County would be free to resume issuing same-sex marriage licenses. It was understood that both parties would appeal the decision.
- May 21, 2004: The Defense of Marriage Coalition got legal approval for the language of a proposed initiativeInitiativeIn political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
to prohibit same-sex marriage. They begin to circulate petitions to obtain the 100,840 valid signatures needed by July 2 so it could be submitted to a vote in the November general election.
- July 9, 2004: In Li & Kennedy vs. State of Oregon, the Court of AppealsOregon Court of AppealsThe Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem...
lifted a temporary ban blocking the registration of the marriage licenses already issued by Multnomah County, pending the case concerning their validity being heard by the Oregon Supreme CourtOregon Supreme CourtThe Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
. The state began processing the licenses within hours, announcing they would have the work done within a week.
- November 2, 2004: Oregonians voted 57% to 43% to pass Ballot Measure 36Oregon Ballot Measure 36 (2004)Ballot Measure 36 was a 2004 initiative in the U.S. state of Oregon. It amended the Oregon Constitution to define marriage as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against in the November 2, 2004 general election.It is one of a...
, a constitutional amendment defining marriage to be between one man and one woman. The Defense of Marriage Coalition claimed that Opponents of Measure 36 outspent their group more than 2 to 1.
- December 15, 2004: The Oregon Supreme Court heard arguments in Li & Kennedy vs. State of Oregon.
- State of Oregon argued that:
- Multnomah County did not have the authority to issue same-sex marriage licenses to remedy a perceived constitutional violation.
- Ballot Measure 36 was retroactive, making the issue of those licenses moot.
- The Defense of Marriage Coalition argued that:
- Measure 36 was not retroactive and thus the issue of the licenses was not moot
- There had been no constitutional violation of the rights of same-sex couples
- Even if there had been a constitutional violation, Multnomah County did not have the authority to issue same-sex marriage licenses to remedy it.
- The ACLU argued that:
- Measure 36 was not retroactive (and thus that the issue of the licenses was not moot)
- Same-sex couples are protected under the Equal Privileges and Immunities clause of the Oregon Constitution and that their rights to marriage had been violated.
- Counties are required to remedy perceived constitutional violations.
- State of Oregon argued that:
- April 14, 2005: The Oregon State Supreme Court decided Li & Kennedy vs. State of Oregon, ruling that Multnomah County lacked the authority to remedy a perceived violation of the Oregon Constitution. All such licenses were ruled void from their inception, and the court further ruled that the Oregon Constitution now expressly limits marriage to opposite-sex couples. The court declined to rule as to whether or not same-sex couples had any rights under the Equal Privileges and Immunities clause of the Oregon Constitution.
Domestic Partnerships
In 2005, the Oregon Senate passed a bill creating "civil unions" for same-sex couples. The House subsequently made changes to the legislation to reduce the number of protections it provided and use the designation "reciprocal beneficiary agreements". After these changes, the bill never made it out of committee.In early 2007, HB2007 was introduced in the House similar to the 2005 legislation which adopted the term "domestic partnership" to describe these unions and avoided the terms "marriage" and "civil union". This bill passed both houses of the legislature and was signed into law on May 9, 2007 to take effect January 1, 2008. However a court challenge delayed its implementation was not resolved until February 1, 2008, and registrations began on February 4, 2008.
Public opinion
In June 2011,Public Policy PollingPublic Policy Polling
Public Policy Polling is an American Democratic Party-affiliated polling firm based in Raleigh, North Carolina. PPP was founded in 2001 by businessman and Democratic pollster Dean Debnam, the firm's current president and chief executive officer...
surveyed 701 Oregon voters from June 19th to 21st and asked two of the following questions regarding, Same-Sex Marriage, Civil Unions and legal recognition.
| Do you think same-sex marriage should be legal or illegal? | Their Opinion |
|---|---|
| Legal | 48% |
| Illegal | 42% |
| Not sure | 11% |
| Which of the following best describes your opinion on gay marriage? | June 2011 |
|---|---|
| Gay couples should be allowed to legally marry | 43% |
| Gay couples should be allowed to form civil unions but not marry | 33% |
| There should be no legal recognition of a gay couple's relationship | 22% |
| Not sure | 1% |
External links
- Li & Kennedy v. Oregon Decision
- Oregon Defense of Marriage Coalition
- Oregon Department of Justice page devoted to same-sex marriage
- Basic Rights Oregon
- The Money Behind the 2004 Marriage Amendments—National Institute on Money in State Politics