Same-sex unions in Oregon
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| Same-sex marriage |
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| Massachusetts, USA (2004) |
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| Civil union |
| Registered partnership |
| Domestic partnership |
| Federal Marriage Amendment |
| Same-sex marriage timeline |
In 2004 and 2005 there has been controversy and political disagreement concerning the status of same-sex unions in Oregon. In a 2004 referendum, the voters supported an amendment to the state's constitution that would preclude same-sex marriage.
Civil unions
On July 8, 2005, Oregon state senators passed legislation to allow same-sex civil unions. The vote at the state capitol in Salem was 19-10 in favor of the measure. Senate Bill 1000 would create civil unions and prohibit discrimination based on sexual orientation in housing, employment, public accommodations and public services. The Republican Speaker of the Oregon House, Karen Minnis, has publicly announced that she will not let the bill be passed. On July 21, she effectively killed the bill in a series of procedural moves that included a "gut and stuff", where the bill is amended by removing most of its language and replaced with entirely different text, sometimes entirely unrelated to the original bill, then the bill was left to die in committee.2004/05 Timeline on Same-Sex Marriage
March 3: The Multnomah County government begins issuing licenses for same-sex marriages, pursuant to a legal opinion issued by its attorney deeming such marriages lawful. [link] [link] [link]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. Neighboring Washington and Clackamas counties initially announced that they are studying Multnomah County's legal opinion, but do not plan to immediately follow suit.
By the date of first legal hearing, on March 9, approximately 1,700 marriage licenses had been issued by the county; the 2000 US Census reported 3,242 same-sex couples living in the county. A later study by the Oregonian revealed that first weeks 2,026 individuals from Multnomah County had received licenses, about one third of the 2000 Census figure, about 900 other individuals came from other locations in Oregon, about 490 from the state of Washington, and 30 from other states.
March 9: At the first legal hearing, County Circuit Judge Dale Koch refuses to issue an injunction stopping the ceremonies.
March 10: The State Legislature's attorney Greg Chaimov issues an opinion stating that counties in Oregon cannot prohibit same-sex couples from receiving marriage licenses. [link]
March 12: Hardy Myers, Oregon attorney general, issued his [link] office's opinion, after reviewing it with the governor. He concludes:
- 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 Court 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 Constitution; 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 until, and unless, a decision by the Supreme Court makes clear what, if any changes are required.
March 15: After considering their options, Multnomah County announces that they will continue to issue licenses to same-sex couples.
March 16: After holding public hearings, Benton County commissioners vote 2-1 to start issuing marriage licenses to same sex couples, beginning Wednesday, March 24.
March 22: After receiving two letters from the attorney general and a phone call threatening to arrest the county clerk, the Benton county commissioners reverse their decision and vote to issue no marriage licenses of any kind until a decision is reached by the Multnomah County Court. [link]
Both sides agree to let three couples with venue sue the state of Oregon in Multnomah County Court to settle this issue. The suit becomes Li & Kennedy vs. State of Oregon, et al., named after Mary Li and Rebecca Kennedy, the first same-sex couple to receive a marriage license from Multnomah County.
April 16: Attorneys for the ACLU and Basic Rights Oregon present 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 Justice Frank Bearden.
April 20: In Li & Kennedy vs. State of Oregon, Judge Bearden of the Multnomah County Circuit Court orders the county to stop issuing same-sex marriage licenses, while simultaneously ordering the state of Oregon to recognize the 3,022 such 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 finds that the Oregon Constitution 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 legislative session. Should they fail to successfully address the issue within that time, Multnomah County would be free to resume issuing same-sex marriage licenses. It is understood that both parties would appeal the decision, although they have not yet decided whether to attempt to move directly to the state Supreme Court, bypassing the Court of Appeals.
May 21: The Defense of Marriage Coalition gets legal approval for the language of their proposed initiative to prohibit same-sex marriage. They begin to circulate petitions to obtain the 100,840 valid signatures needed by July 2 so it can submitted to a vote in the November general election.
July 9: In Li & Kennedy vs. State of Oregon, the state Court of Appeals lifts 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 state Supreme Court. Within hours, the state began processing the licenses, and expects to have the work done within a week.
November 2: Oregonians voted 57% to 43% to pass Ballot Measure 36, a constitutional amendment defining marriage to be between one man and one woman. Opponents of Measure 36 outspent the Defense of Marriage Coalition more than 2 to 1 [link].
December 15: The Oregon State Supreme Court hears arguments in Li & Kennedy vs. State of Oregon. Oregon argues that Multnomah County did not have the authority to issue same-sex marriage licenses to remedy a perceived constitutional violation, and that in any event, Ballot Measure 36 now makes the issue of those licenses moot. The Defense of Marriage Coalition argues that Measure 36 is not retroactive, but that the County didn't have the authority to issue same-sex marriage licenses to remedy a perceived constitutional violation, and that same-sex couples' rights had not been violated anyway. The ACLU argues that Measure 36 is not retroactive (and thus that the issue is not moot), that same-sex couples are protected under the Equal Privileges and Immunities clause of the Oregon Constitution, and that counties are required to remedy perceived constitutional violations.
April 14, 2005: The Oregon State Supreme Court decides Li & Kennedy vs. State of Oregon, ruling that Multnomah County lacked the authority to remedy a perceived violation of the Oregon Constitution [link]. All such licenses are ruled void from their inception, and the court further rules 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.
External links
| Same-sex marriage in the United States |
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