Same-sex marriage in Oregon
From Wikipedia, the free encyclopedia
| Same-sex marriage |
|---|
| Performed nationwide in |
|
Netherlands (2001) |
| Performed statewide in |
| Massachusetts, USA (2004) |
| Foreign same-sex marriage recognized in |
| Israel (2006) |
| Debate in other countries and regions |
|
Argentina |
| See also |
|
Civil union |
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 nor does it provide any type of civil-union or domestic partnership. The Oregon Constitution 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."[1]
Contents |
[edit] Same-Sex Marriages
March 3, 2004: The Multnomah County government began issuing licenses for same-sex marriages, pursuant to a legal opinion issued by its attorney deeming such marriages lawful.[2][3][4]
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.
March 9: At the first legal hearing, County Circuit Judge Dale Koch refused to issue an injunction stopping the ceremonies.[5]
As of the hearing, approximately 1,700 marriage licenses had already been issued by 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.[citation needed]
March 10: The State Legislature's attorney Greg Chaimov issued an opinion stating that counties in Oregon could not prohibit same-sex couples from receiving marriage licenses.[6]
March 12: Attorney General Hardy Myers issued his office's opinion,[7] 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 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 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: Multnomah County commissioners announced that they would continue to issue licenses to same-sex couples.[8]
March 16: Following public hearings, Benton County commissioners voted 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 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.[9]
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: Attorneys for the American Civil Liberties Union and Basic Rights Oregon presented arguments in favor of the couples, while attorneys for the Oregon Department of Justice and Defense of Marriage Coalition[10] argued against the County's actions before Judge Frank Bearden.
April 20: 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 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 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: The Defense of Marriage Coalition got legal approval for the language of a 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 could be submitted to a vote in the November general election.
July 9: In Li & Kennedy vs. State of Oregon, the Court of Appeals 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 Court. The state began processing the licenses within hours, announcing they would 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.[11]
December 15: 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.
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.[12] 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.
[edit] Civil unions
See : Civil unions in Oregon
On July 8, 2005, Oregon starts another chapter : the possibility to allow civil unions to same-sex couples. But in February 2007, it is rather a package of rights without that name which is considered. [13]
[edit] 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
[edit] References
- ^ Human Rights Campaign [1] Accessed November 14, 2006
- ^ http://www.sfgate.com/cgi-bin/article.cgi?f=/news/archive/2004/03/02/state2223EST7030.DTL
- ^ http://www.365gay.com/newscon04/03/030304portlandLic.htm
- ^ http://www.oregonlive.com/special/gaymarriage/
- ^ Parker, Jim, Abe Estimada. "Multnomah Co. judge refuses to halt same-sex marriages", KGW TV, March 8, 2004. Retrieved on 2007-03-29.
- ^ http://communique.portland.or.us/documents/040309/legislative_counsel_ssm.pdf
- ^ http://www.doj.state.or.us/pdfs/AG_samesexopinion.pdf
- ^ Law, Steve. "Same-sex weddings continue; validity in doubt", Salem Statesman Journal, March 16, 2004. Retrieved on 2007-03-29.
- ^ http://www.oregonlive.com/special/gaymarriage/index.ssf?/base/front_page/1080046579104020.xml
- ^ http://www.defenseofmarriagecoalition.org/
- ^ Fortmeyer, John. Christian voters' impact in Oregon still under review. Retrieved on 2007-03-17.
- ^ http://www.ojd.state.or.us/SCA/WebMediaRel.nsf/12dcaa278a9ef13688256c8d007729df/cb3b1bd8aea1b3f588256fe30050ebdf?OpenDocument
- ^ http://www.365gay.com/Newscon07/02/022607oregon.htm
| Same-sex marriage in the United States |  |
||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|||||||||||||||
