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Oregon Health Authority

Same-sex Marriage in Oregon

2004-2005 Overview

April 14, 2005 - The Oregon Supreme Court's ruling voided the same sex marriage certificates issued by Multnomah county and registered with the state vital records office. The Department of Justice (DOJ) has requested that the Center for Health Statistics stop issuing certified copies of these marriage records. No other action related to the certificates will be taken until the Center gets further instructions from the DOJ.

July 16, 2004 - The Center for Health Statistics has registered 2,958 same-sex marriage records. Sixty-six (66) licenses can not be registered at this time, because they either are incomplete (in which case, they have been returned to Multnomah County for follow up), or because the officiant has not returned the completed license to the Multnomah County. The remaining records will be registered when they are received.


Legal Proceedings

June 1, 2004 - The Center for Health Statistics was notified by the Oregon Department of Justice that the immediate temporary stay has been granted. The State Registrar, for now, will not be registering the 3000 plus marriage records resulting from the licenses Multnomah County issued before April 20, 2004.

May 27, 2004 - The Center for Health Statistics was notified that the Oregon Department of Justice has filed a Notice of Appeal and Motion for Stay. The Motion for Stay seeks a stay pending appeal of the requirement that the State Registrar register the 3000 plus marriage records resulting from the licenses Multnomah County issued before April 20, 2004. Because the deadline for registering the records is June 7, 2004, and because the Court of Appeals probably will not rule on the motion to stay before that date, the DOJ motion also seeks an immediate temporary stay of the registration requirement.

May 6, 2004 - Attorney General asks Judge Bearden to postpone execution of the part of his judgment requiring state registration of same-sex marriage licenses issued by Multnomah County.

April 21, 2004 - Center for Health Statistics received same-sex marriage licenses from Multnomah County. The licenses are being stored, but NOT registered until the judgment is entered, as instructed by the Oregon Attorney General's office. The State Registrar must register the records within thirty days after entry of judgment.

April 20, 2004 - Multnomah County Judge Frank Bearden ordered the county to stop issuing marriage licenses to same sex-couples. He also ordered the State Registrar to accept and register marriages that have been performed by Multnomah County. The court's opinion orders the State Registrar to register the records within thirty days from the entry of judgment. Final judgment has not yet been entered. You may read a copy of the opinion at the DOJ website.

April 5, 2004 - State of Oregon filed summary judgment and stipulated facts to Multnomah County Circuit Court.

March 24, 2004 - Complaint filed against state.

March 19, 2004 - Attorney General's office announced agreement had been reached on the procedures and schedule for accelerated consideration of constitutional challenges to Oregon states relating to marriage for same-sex couples.

March 18, 2004 - Attorney General's office wrote to the clerks of each of Oregon's 36 counties to inform them that the State Registrar would not accept for registration any marriage certificate for a same-sex marriage. Any records received by the Center for Health Statistics would be returned to the issuing county.

March 12, 2004 - Attorney General Hardy Myers provided an opinion to Governor Kulongoski finding that existing Oregon statutes authorize issuance of a marriage license only to one man and one woman. The Attorney General's opinion can be found at the DOJ website.

March 3, 2004 - Multnomah County began issuing marriage licenses to same sex couples.

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