However, unlike other similar ballot measures passed on or near the same election date, the amendment did not explicitly ban civil unions between same-sex couples.

On May 19, 2014, the measure was declared unconstitutional by a U.S. federal district court judge, who ruled that it violated the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.

[Created through initiative petition filed March 2, 2004, and adopted by the people Nov. 2, 2004]The measure was placed on the ballot through an initiative petition brought by the Oregon Defense of Marriage Coalition, a group dedicated to "preserving marriage as a union only between one man and one woman."

Supporters of the measure, in addition to opposing same-sex marriage on principle, were also angry by the controversial means by which the Multnomah County Commission had come to its decision: no public hearings were held before the commission voted to allow the marriages and one of the commissioners, Lonnie Roberts, was not informed of the move until after the other commissioners began issuing licenses.

[9] On May 19, 2014, United States District Judge Michael McShane ruled that Oregon's constitutional ban on same-sex marriage was unconstitutional.