Same-sex marriage in Oregon

A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision.

In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes.

[1][2] Previously in March and April 2004, Multnomah County issued marriage licenses to more than 3,000 same-sex couples until ordered by a state judge to stop doing so.

The validity of the licenses issued the previous spring was disputed, and the Oregon Supreme Court ruled in April 2005 that the newly adopted constitutional amendment had invalidated them.

Following the passage of the constitutional amendment and the Supreme Court's decision in Li and Kennedy, state officials began efforts to establish domestic partnerships granting virtually all of the rights and benefits of marriage.

Local businesses reported an increase in the sales of flowers and other marriage-related services directly related to the beginning of same-sex marriages.

[8] On March 10, 2004, the Oregon Legislative Counsel, Greg Chaimov, issued an opinion that "state law requires a county clerk to license the marriage of a same-sex couple.

It also said that the Attorney General's office lacked the authority to order Multnomah County to cease issuing licenses for same-sex marriages.

Bearden also found that the Oregon Constitution would likely allow some form of marriage rights to same-sex couples, and directed the Legislative Assembly to act on the issue within 90 days of the start of its next session.

In July 2004, the Court of Appeals lifted the temporary ban blocking the registration of the marriage licenses issued by Multnomah County.

They began circulating petitions to obtain the 100,840 valid signatures needed by July 2 to place the initiative on the November ballot.

On November 2, 2004, voters approved Ballot Measure 36, a constitutional amendment defining the marriage of "a man and a woman" as the only one recognized by the state, by a margin of 57% to 43%.

[19] The initiative would have replaced the state's constitutional amendment restricting marriage to opposite-sex couples with provisions guaranteeing the right of all persons to marry without respect to gender.

[26][27] The campaign gathered more than 160,000 signatures, enough to place its proposal, the Oregon Same-Sex Marriage Amendment, on the November 4, 2014 statewide ballot.

The plaintiffs in both Geiger and Rummell filed motions asking for summary judgment; this procedure used in cases where there are no material issues of fact requiring a trial, and a fast resolution is desired.

While all parties present supported same-sex couples' right to marry, Judge McShane questioned whether Oregon voters should get another say on the issue, since they approved the amendment defining marriage; and whether to stay the ruling and await guidance from same-sex marriage cases pending in the U.S. courts of appeal, or to implement the ruling immediately.

[45] He wrote:[46] Because Oregon's marriage laws discriminate on the basis of sexual orientation without a rational relationship to any legitimate government interest, the laws violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.Minutes after the decision was announced at noon, officials in at least four counties were fulfilling requests for marriage licenses from same-sex couples.

[47][48][49] Governor John Kitzhaber, the named defendant, said "I strongly support Judge McShane's decision to overturn institutional discrimination in Oregon's constitution.

I am proud to have stood with Oregon's same-sex couples in this struggle for marriage equality for nearly 20 years, and it's important to keep pushing until that right extends to all Americans."

The Republican House Minority Leader, Mike McLane, issued a statement, "For those that believe marriage is a religious covenant, the origin of which predates America, today's federal court ruling won't change that.

Val Hoyle, the Majority Leader of the House, said "I married the person who I love over 22 years ago, and I'm thrilled that all Oregonians now have the freedom to do the same.

[51] NOM then filed a request on May 27 with Supreme Court Justice Anthony Kennedy seeking to block Judge McShane's order.

[62] The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians voted 6–0 to legalize same-sex marriage on August 10, 2014, and the Tribal Council of the Confederated Tribes of Siletz Indians approved a marriage ordinance permitting same-sex couples to marry on May 15, 2015.

[a] The Tribal Council of the Confederated Tribes of the Grand Ronde Community passed a same-sex marriage law on October 28, 2015, and it went into effect on November 18, 2015.

[70] While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum.

Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere.

[75] An April 2014 study by the Williams Institute at the University of California, Los Angeles found that allowing marriage for same-sex couples would add $47.3 million to Oregon's economy during the first three years.