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States Facing Constitutional Amendments Banning Same-sex Marriage

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Oregon

Lower Court Upholds State Ban on Same Sex Marriage

Summary: On November 4, 2005, Marion County Judge Joseph Guimond issued a ruling that upheld Oregon's constitutional ban on same sex marriage.

Lawyers for same-sex couples had asked Guimond to strike down a ban on equal marriage on the grounds it should never have been placed on the 2004 ballot because it contained several separate issues, a practice which goes against the state constitution.  While the motion was technical, a ruling that favors gay couples would have forced supporters of the ban to go back to voters with a new version. In a separate action, earlier this year a civil union bill was proposed through the state legislature. An affirmative vote would have extended most of the benefits and rights of marriage to same-sex couples, but the bill died in the Oregon House.

Background: Proposition 36, a state constitutional amendment that defined marriage between a man and a woman only, was passed in Oregon last year. An argument against the legality of the vote on the ban was made in September of 2005 and was heavily supported by UUs in Oregon.

First Parish in Portland passed a formal resolution opposing the proposition and submitted this statement to be included in the voter information booklet sent to all registered voters. UUs across the state handed out buttons and lawn signs opposing the measure or worked to engage congregational conversations about supporting same-sex marriage. Individually, church members hosted fund raising parties or volunteered at the "No on 36" campaign headquarters.

The Proposition was passed by the electorate although officials in the state had previously supported equal marriage in Oregon. On March 2, 2004,  Multnomah County (OR) Attorney Agnes Sowle had issued a legal opinion that Multnomah County’s denial of marriage licenses to same-sex couples is a violation of the Oregon constitution. On March 3, the Multnomah County Board of Commissioners voted to grant wedding licenses for same-sex couples.  The Rev. Thomas Disrud, Associate Minister of First Unitarian Church in Portland, OR  wrote at the time, "Hundreds turned out in the rain to get their licenses... with much joy and festivity. 

"I did seven weddings for congregants today at the church (a record for me)," said Disrud, "and there are presently three more scheduled for Saturday. It was a great privilege to preside over them. Even I shed a few tears.  These are amazing times that we are living in. I don't know how it will all turn out, but it is sure amazing to be experiencing all of this right now."

In Eugene, OR on March 7, the Rev. Carolyn Colbert married two couples, Gretchen Miller and Sarah Hendrickson, and Tim Smith and Kent Kullby. The two couples had been at the center of the drive to achieve civil marriage rights for same sex couples in Oregon, and one couple had successfully petitioned the city of Eugene to enact a domestic partner registry a year ago.

During the time equal marriage was considered legal, The Associated Press reports that over 3,000 licenses were issued to same sex couples in Multnomah County. As of March 17, 2004, over 1,600 same-sex couples had been married in Multnomah County.  James C. Hernandez II of Portland, one of the newlyweds, wrote, "For the past 30 years of my life, I have looked forward to the day when I would no longer be denied access to the full rights and benefits of citizenship, residency and protections of the law afforded the majority of other Americans."

As of March 16, officials in charge of Benton County in the western part of the state voted to begin marrying gay couples beginning on March 24. But on March 22, the county commissioners voted not only to not issue same sex marriage licenses, but to stop issuing all marriage licenses, until they received a court ruling on whether same sex marriage is legal. All same sex marriages that had been performed in the state were invalidated.

In mid-April, legal arguments were presented to a county circuit judge over whether Multnomah County could conduct same-sex weddings. In the ensuing time, the state proposition was enacted, with a technical challenge mounted. A favorable ruling in the current case would have forced proponents on both sides to return to the voters for further action.

Read more about the state ballot initiative in Oregon.

Media Coverage External Sites (all of the links below are for external news organizations, some may require a username/password and others may archive stories after a period of time):

For further information on same sex marriage in Oregon External Sites:


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