Rummell v. Kitzhaber
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Same-sex marriage in Oregon has been legally recognized since May 19, 2014, when Judge
Michael J. McShane Michael J. McShane (born 1961) is an American lawyer and jurist serving as a United States district judge of the United States District Court for the District of Oregon. He previously served as a state court judge on the Oregon Multnomah County Ci ...
of the U.S. District Court for the District Court of Oregon ruled in '' Geiger v. Kitzhaber'' that Oregon's 2004 state constitutional amendment banning
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s discriminated on the basis of
sexual orientation Sexual orientation is an enduring pattern of romantic or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. These attractions are generall ...
in violation of the Equal Protection Clause of the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
. 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 A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Kate Brown Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the ...
signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
began recognizing same-sex marriages from other jurisdictions in October 2013. Domestic partnerships, providing a subset of the rights and benefits of marriage, have been recognized since 2008. In March and April 2004,
Multnomah County Multnomah County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the county's population was 815,428. Multnomah County is part of the Portland–Vancouver– Hillsboro, OR–WA Metropolitan Statistical Area. Th ...
issued
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...
s to more than 3,000 same-sex couples until ordered by a state judge to stop doing so. In November, Oregon voters approved an amendment to the State Constitution that made it state policy to recognize only marriages "between one man and one woman". The validity of the licenses issued the previous spring was disputed, and the
Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.constitutional amendment had invalidated them.


2004–2005


Marriage licenses issued

On March 3, 2004,
Multnomah County Multnomah County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the county's population was 815,428. Multnomah County is part of the Portland–Vancouver– Hillsboro, OR–WA Metropolitan Statistical Area. Th ...
began issuing
marriage license A marriage license (or marriage licence in Commonwealth spelling) is a document issued, either by a religious organization or state authority, authorizing a couple to marry. The procedure for obtaining a license varies between jurisdictio ...
s to same-sex couples after its attorney issued a legal opinion that such marriages are lawful. On that day, Multnomah County issued 422 marriage licenses, compared to the 68 it issues on an average day. Local businesses reported an increase in the sales of flowers and other marriage-related services directly related to the beginning of
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
s. According to the
2000 US census The United States census of 2000, conducted by the Census Bureau, determined the resident population of the United States on April 1, 2000, to be 281,421,906, an increase of 13.2 percent over the 248,709,873 people enumerated during the 1990 cen ...
, 3,242 same-sex couples were living in the county. Neighboring
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
and Clackamas counties announced that they were studying Multnomah County's legal opinion, but did not plan to immediately follow suit. At a hearing on March 9, 2004, after the county had issued approximately 1,700 marriage licenses to same-sex couples, County Circuit Judge Dale Koch refused to issue an injunction to stop the county from continuing the process. A later study by ''
The Oregonian ''The Oregonian'' is a daily newspaper based in Portland, Oregon, United States, owned by Advance Publications. It is the oldest continuously published newspaper on the U.S. west coast, founded as a weekly by Thomas J. Dryer on December 4, 18 ...
'' showed that out the approximately 1,700 same-sex couples married in the first week, 2,026 spouses were from Multnomah County, while about 900 others came from other locations in Oregon, about 490 from the state of
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
, and 30 from other states. On March 10, 2004, the
Oregon Legislative Counsel The Office of the Oregon Legislative Counsel is a government agency in the U.S. state of Oregon. The office was established in 1953, primarily to offer legal services to the members and committees of the Oregon Legislative Assembly. The office dra ...
, Greg Chaimov, issued an opinion that "state law requires a county clerk to license the marriage of a same-sex couple." The office of Attorney General
Hardy Myers Hardy Myers (October 25, 1939 – November 29, 2016) was an American lawyer and Democratic politician who served three terms as the 15th attorney general of the state of Oregon, United States. Prior to taking office in 1997, he served from 1975 ...
issued an opinion on March 12, 2004, after reviewing it with Governor
Ted Kulongoski Theodore Ralph Kulongoski ( ; born November 5, 1940) is an American politician, judge, and lawyer who served as the 36th Governor of Oregon from 2003 to 2011. A member of the Democratic Party, he served in both houses of the Oregon Legislative As ...
, that concluded that Oregon law prohibits county clerks from issuing marriage licenses to same-sex couples; that the
Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.Oregon Constitution; but that current state practices should not change in anticipation of such a ruling. It also said that the Attorney General's office lacked the authority to order Multnomah County to cease issuing licenses for same-sex marriages. On March 15, 2004, Multnomah County commissioners announced that they would continue to issue licenses to same-sex couples. On March 16, following public hearings, Benton County commissioners voted 2–1 to begin issuing marriage licenses to same-sex couples on March 24, but reversed their decision on March 22 after receiving two letters from the Attorney General and a phone call threatening the arrest of the county clerk, and decided to issue no marriage license at all pending a decision by the Multnomah County Court. With the consent of the state, three same-sex couples sued the state of Oregon in Multnomah County Court, including Mary Li and Rebecca Kennedy, the first same-sex couple to receive a marriage license from Multnomah County. At a hearing before Judge Frank Bearden on April 16, 2004, in ''Li and Kennedy v. State of Oregon'', the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) and
Basic Rights Oregon Basic Rights Oregon is an American nonprofit LGBT rights organization based in Portland, Oregon. It is the largest advocacy, education, and political organization working in Oregon to end discrimination based on sexual orientation and gender iden ...
represented the plaintiffs and the Oregon Department of Justice and the Defense of Marriage Coalition defended the state's position. On April 20, 2004, Bearden ordered the county to stop issuing marriage licenses to same-sex couples, and ordered the state to recognize the 3,022 marriage licenses already issued. The Oregon state registrar had been holding the completed licenses pending a court decision as to their validity, rather than entering them into the state's records system. 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. He ruled that if the Assembly failed to address the issue within that time, he would allow Multnomah County to resume issuing marriage licenses to same-sex couples. It was understood that both parties would appeal the decision. In July 2004, the
Court of Appeals A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
lifted the temporary ban blocking the registration of the marriage licenses issued by Multnomah County. The state announced that processing would take a week and began doing so within hours of the court's action.


2004 ballot initiative

On May 21, 2004, the Defense of Marriage Coalition received approval for the language of a proposed
initiative In political science, an initiative (also known as a popular initiative or citizens' initiative) is a means by which a petition signed by a certain number of registered voters can force a government to choose either to enact a law or hold a ...
to prohibit same-sex marriage. 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 Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...
of a man and a woman as the only one recognized by the state, by a margin of 57% to 43%. The Defense of Marriage Coalition said that opponents of Measure 36 outspent their group more than 2 to 1. The now-defunct amendment read: "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."


Oregon Supreme Court review

On December 15, 2004, the
Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.counties A county is a geographic region of a country used for administrative or other purposesChambers Dictionary, L. Brookes (ed.), 2005, Chambers Harrap Publishers Ltd, Edinburgh in certain modern nations. The term is derived from the Old French ...
are required to remedy perceived constitutional violations. On April 14, 2005, the Oregon Supreme Court decided ''Li and Kennedy v. State of Oregon'', ruling that Multnomah County lacked the authority to remedy a perceived violation of the Oregon Constitution and that all marriage licenses issued to same-sex couples were void when issued. The court noted that the Oregon Constitution had since been amended to limit marriage to opposite-sex couples and it therefore 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.


2005–2008

Following the passage of the constitutional amendment and the state 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. A bill was first passed in the Oregon State Senate in July 2005, but failed to pass the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
. Following the
2006 elections The following elections occurred in the year 2006. * Elections in 2006 * Electoral calendar 2006 * 2006 Acehnese regional election * 2006 American Samoan legislative election * 2006 Bahraini parliamentary election * 2006 Costa Rican president ...
, similar legislation was re-introduced and passed both chambers of the Assembly. Governor
Ted Kulongoski Theodore Ralph Kulongoski ( ; born November 5, 1940) is an American politician, judge, and lawyer who served as the 36th Governor of Oregon from 2003 to 2011. A member of the Democratic Party, he served in both houses of the Oregon Legislative As ...
signed it into law on May 9, 2007. Since February 4, 2008, same-sex couples have had access to domestic partnerships, which guarantee almost all of the rights of marriage.


2013–2014


Recognition of out-of-state same-sex marriages (2013)

On October 16, 2013, based on an opinion from the
Oregon Department of Justice The Oregon Department of Justice (DOJ), headed by the Oregon Attorney General (currently Ellen Rosenblum), is the main legal branch of the government of the U.S. state of Oregon. The DOJ is part of Oregon's executive branch, and most of its em ...
, the state's Chief Operating Officer, Michael Jordan, announced that Oregon would begin recognizing same-sex marriages from other jurisdictions "for the purposes of administering state programs."


Oregon Same-Sex Marriage Amendment (2013–2014)

In February 2013,
Basic Rights Oregon Basic Rights Oregon is an American nonprofit LGBT rights organization based in Portland, Oregon. It is the largest advocacy, education, and political organization working in Oregon to end discrimination based on sexual orientation and gender iden ...
formed the group Oregon United for Marriage to put an initiative on the
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16 ...
in November 2014 to provide for the legal recognition of same-sex marriages. The initiative would replace the state's constitutional amendment restricting marriage to opposite-sex couples with the right of all persons to marry without respect to
gender Gender is the range of characteristics pertaining to femininity and masculinity and differentiating between them. Depending on the context, this may include sex-based social structures (i.e. gender roles) and gender identity. Most cultures ...
. On July 26, 2013, the petition campaign to get the required signatures was launched. By early December 2013, the 116,284 minimum required signatures had been reached, but signature collection continued. The campaign was endorsed by the
Democratic Party of Oregon The Democratic Party of Oregon is the Oregon affiliate of the Democratic Party. The State Central Committee, made up of two delegates elected from each of Oregon's 36 counties and one additional delegate for every 15,000 registered Democrats, is ...
, and various major businesses. 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. Following the May 2014 U.S district court decision in ''Geiger v. Kitzhaber'', striking down Oregon's ban on same-sex marriage, the group announced that it was "confident that the freedom to marry is secure in Oregon" and that it would not proceed with the measure.


Federal lawsuit

On October 15, 2013, two couples, an unmarried lesbian couple and two men already married in Canada, filed a lawsuit, '' Geiger v. Kitzhaber,'' in U.S. district court in Eugene, challenging the Oregon Constitution's ban on same-sex marriage. This made Oregon the 20th state to have a federal lawsuit challenging its ban on same-sex marriage since the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
's decision in ''
United States v. Windsor ''United States v. Windsor'', 570 U.S. 744 (2013), is a landmark United States Supreme Court civil rights case concerning same-sex marriage. The Court held that Section 3 of the Defense of Marriage Act (DOMA), which denied federal recognition o ...
'' in June 2013 invalidated part of the ''
Defense of Marriage Act The Defense of Marriage Act (DOMA) was a United States federal law passed by the 104th United States Congress and signed into law by President Bill Clinton. It banned federal recognition of same-sex marriage by limiting the definition of marr ...
'' (DOMA). Two more couples and the Basic Rights Education Fund filed another same-sex marriage case on December 19, 2013, with this latter case captioned ''Rummell and West v. Kitzhaber.'' On January 22, 2014, Judge
Michael J. McShane Michael J. McShane (born 1961) is an American lawyer and jurist serving as a United States district judge of the United States District Court for the District of Oregon. He previously served as a state court judge on the Oregon Multnomah County Ci ...
consolidated the two lawsuits and scheduled
oral argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
s for April 23. On February 20, Attorney General
Ellen Rosenblum Ellen F. Rosenblum (born January 6, 1951) is an American lawyer and politician who has served as the Oregon Attorney General since 2012. She is the first female state attorney general in Oregon's history, and previously was a judge on the Oreg ...
told the court that she believed "that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individual's capacity to establish a loving and enduring relationship." She found it impossible to defend the state's ban "under any standard of review" and her office would no longer defend the ban in court. The plaintiffs in both ''Geiger'' and ''Rummell'' filed motions asking for
summary judgment In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of ...
; this procedure used in cases where there are no material issues of fact requiring a trial, and a fast resolution is desired. The court heard oral arguments on motions for summary judgment in the consolidated lawsuit on April 23, 2014. 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 Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
the ruling and await guidance from same-sex marriage cases pending in the U.S. courts of appeal, or to implement the ruling immediately. The court scheduled another oral argument session for May 14, where the
National Organization for Marriage The National Organization for Marriage (NOM) is an American non-profit political organization established to work against the legalization of same-sex marriage in the United States. It was formed in 2007 specifically to pass California Proposi ...
(NOM), an organization that opposes same-sex marriage, tried to qualify for intervention in the case. On May 14, Judge McShane rejected NOM's attempt to intervene in the case, ruling that the group was unreasonably late in filing its request to intervene and that it failed to convincingly demonstrate that it should be allowed to intervene on behalf of three anonymous Oregon-based members of NOM.


Ruling

At noon on May 19, 2014, Judge McShane issued his opinion, ruling that the state's ban was unconstitutional. He wrote: Minutes after the decision was announced at noon, officials in at least four counties were fulfilling requests for marriage licenses from same-sex couples. The first to wed in
Multnomah County Multnomah County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the county's population was 815,428. Multnomah County is part of the Portland–Vancouver– Hillsboro, OR–WA Metropolitan Statistical Area. Th ...
were two of the plaintiffs, Deanna Geiger and Janine Nelson. That county issued 96 licenses the first day, and judges officiated at wedding ceremonies in a
Portland Portland most commonly refers to: * Portland, Oregon, the largest city in the state of Oregon, in the Pacific Northwest region of the United States * Portland, Maine, the largest city in the state of Maine, in the New England region of the northeas ...
ballroom. Governor
John Kitzhaber John Albert Kitzhaber (born March 5, 1947) is an American former politician who served as the 35th governor of Oregon from 1995 to 2003, and as the 37th governor of Oregon from 2011 until his resignation in 2015. A member of the Democratic Part ...
, the named defendant, said "I strongly support Judge McShane's decision to overturn institutional discrimination in Oregon's constitution. No longer will Oregonians tolerate discrimination against the gay, lesbian, and transgender community. ..Now, finally, all Oregonians will have the opportunity to make a legal commitment to the person they love. Every person and every family in Oregon deserves that chance. Today is a win for love, for families, and for freedom." Senator Jeff Merkley called it "a historic day for Oregon", and Senator Ron Wyden said, "Judge Michael McShane's decision marks a significant moment in Oregon's civil rights history, and it's an important step toward equal rights for all Americans. Every American deserves the freedom to marry the person they love, and, starting today, all Oregonians will have that choice. 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 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. For those that believe marriage is a legal union between two people that is recognized and enforced by our state government, today's ruling is a logical extension of the Supreme Court's ruling last summer. Our society must embrace both views. My hope is that the process of reconciliation in Oregon will continue as we move forward with respect for each other." 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." NOM immediately asked the
Ninth Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
to issue an emergency
stay Stay may refer to: Places * Stay, Kentucky, an unincorporated community in the US Law * Stay of execution, a ruling to temporarily suspend the enforcement of a court judgment * Stay of proceedings, a ruling halting further legal process in a tri ...
of McShane's ruling, which that court denied on grounds of lack of
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
. NOM then filed a request on May 27 with Supreme Court Justice
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
seeking to block Judge McShane's order. Justice Kennedy referred the matter to the entire Supreme Court, which on June 4 rejected NOM's request.


2015–2016

In July 2015, several amendments to marriage and spousal laws were passed by the Legislative Assembly and signed into law by Governor
Kate Brown Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the ...
. The reforms made all mentions to marriage in
statutory law Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, stat ...
gender-neutral, and came into effect on January 1, 2016. In February 2016, the Assembly passed legislation defining marriage as a union between two people irrespective of gender. It passed the House in a 43–13 vote and the Senate in an 18–11 vote. On March 14, 2016, Governor Brown signed the bill into law and it took effect immediately.House Bill 4127
/ref> Oregon's statutes were amended to read the following: The definition of marriage is "Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150."


Native American nations

Same-sex marriage is legal on the reservations of the
Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians of Oregon are a federally recognized Native American tribe of Hanis Coos, Miluk Coos, Lower Umpqua (or Kuitsh), and Siuslaw people in Oregon.Confederated Tribes of Siletz Indians The Confederated Tribes of Siletz Indians in the United States is a federally recognized confederation of more than 27 Native American tribes and bands who once inhabited an extensive homeland of more than 20 million acres from northern Califo ...
, the Confederated Tribes of the Grand Ronde Community of Oregon, the
Coquille Indian Tribe The Coquille Indian Tribe ( ) is the federally recognized Native American tribe of the Coquille people who have traditionally lived on the southern Oregon Coast. History Pre-contact through the mid-19th century Beginning in 1847, following th ...
, and the Fort McDermitt Paiute and Shoshone Tribe. The Coquille Indian Tribe was the first tribe in Oregon, and the United States, to legalize same-sex marriage, when its Tribal Council voted 5–2 in 2008 to allow same-sex couples to marry on tribal land. The law went into effect on May 20, 2009. At least one of the parties to the marriage must be a member of the tribe. Kitzen and Jeni Branting were the first same-sex couple to marry on Coquille sovereign land in
Coos Bay Coos Bay is an estuary where the Coos River enters the Pacific Ocean, the estuary is approximately 12 miles long and up to two miles wide. It is the largest estuary completely within Oregon state lines. The Coos Bay watershed covers an area of abou ...
on May 24. Kitzen Branting said, "My tribe recognizes the marriage, so that is really important to me. Anytime we come to a tribal function, I know my marriage is just as valid as anyone else's marriage." At the time, Oregon did not recognize same-sex marriage, but the tribe, as a federally recognized sovereign nation, was not bound by the Oregon Constitution. 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. 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. The Law and Order Code of the Fort McDermitt Paiute and Shoshone Tribe states that marriage is governed by state law rather than tribal law. As such, same-sex marriage is legal in the reservation of the tribe, which they share with
Nevada Nevada ( ; ) is a state in the Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. Nevada is the 7th-most extensive, ...
near the community of McDermitt. Many Native American tribes have traditions of
two-spirit Two-spirit (also two spirit, 2S or, occasionally, twospirited) is a modern, , umbrella term used by some Indigenous North Americans to describe Native people in their communities who fulfill a traditional third-gender (or other gender-variant) ...
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. This two-spirit status allowed for marriages between two biological males or two biological females to be performed among some of these tribes. The
Northern Paiute people Northern may refer to the following: Geography * North, a point in direction * Northern Europe, the northern part or region of Europe * Northern Highland, a region of Wisconsin, United States * Northern Province, Sri Lanka * Northern Range, a ra ...
refer to two-spirit people who crossed out of the masculine gender as (), and they were free to marry either men or women. In the Sahaptin language, they are known as (). Among the
Klamath people The Klamath people are a Native American tribe of the Plateau culture area in Southern Oregon and Northern California. Today Klamath people are enrolled in the federally recognized tribes: * Klamath Tribes (Klamath, Modoc, and Yahooskin (Yah ...
, two-spirit individuals are known as (). The ''tʼwiniˑqʼ'' wore women's clothing and "behaved as women". They married
cisgender Cisgender (often shortened to cis; sometimes cissexual) is a term used to describe a person whose gender identity corresponds to their sex assigned at birth. The word ''cisgender'' is the antonym of '' transgender''. The prefix '' cis-'' is L ...
men, and usually took the role of a
shaman Shamanism is a religious practice that involves a practitioner (shaman) interacting with what they believe to be a spirit world through altered states of consciousness, such as trance. The goal of this is usually to direct spirits or spir ...
and were credited with great spirit power. The
Takelma The Takelma (also Dagelma) are a Native American people who originally lived in the Rogue Valley of interior southwestern Oregon. Most of their villages were sited along the Rogue River. The name ''Takelma'' means "(Those) Along the River". His ...
call them (). In Chinook Jargon, two-spirit people are called (). Its origin is from the French word ''bardache'', which gave in
English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national ide ...
''
berdache Two-spirit (also two spirit, 2S or, occasionally, twospirited) is a modern, , umbrella term used by some Indigenous North Americans to describe Native people in their communities who fulfill a traditional third-gender (or other gender-varian ...
'', now dated and considered offensive. Two-spirit is translated as () in
Tolowa The Tolowa people or Taa-laa-wa Dee-ni’ are a Native American people of the Athabaskan-speaking ethno-linguistic group. Two rancherias (Smith River and Elk Valley) still reside in their traditional territory in northwestern California. Tho ...
.


Economic impact

An April 2014 study by the
Williams Institute The Williams Institute on Sexual Orientation and Gender Identity Law and Public Policy, usually shortened to Williams Institute, is a public policy research institute based at the UCLA School of Law focused on sexual orientation and gender ident ...
at the
University of California, Los Angeles The University of California, Los Angeles (UCLA) is a public land-grant research university in Los Angeles, California. UCLA's academic roots were established in 1881 as a teachers college then known as the southern branch of the California S ...
found that allowing marriage for same-sex couples would add $47.3 million to Oregon's economy during the first three years. The study estimated that allowing same-sex marriage would also add 468 new jobs to the state economy.


Marriage statistics

The following table shows the number of same-sex marriages performed in Oregon since legalization according to the Oregon Center for Health Statistics. Most same-sex marriages are performed in Multnomah,
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered o ...
and
Lane In road transport, a lane is part of a roadway that is designated to be used by a single line of vehicles to control and guide drivers and reduce traffic conflicts. Most public roads (highways) have at least two lanes, one for traffic in each ...
counties; Multnomah accounting for approximately 39% of the state's same-sex marriages by the end of 2019. As of 2021, Wheeler County is the only county in Oregon where no same-sex marriage has taken place. The first same-sex marriage in
Gilliam County Gilliam County is one of the 36 counties in the U.S. state of Oregon. As of the 2020 census, the population was 1,995, making it the third-least populous county in Oregon. The county seat is Condon. The county was established in 1885 and is ...
was performed in 2020. In 2014 and 2015, lesbian couples accounted for the majority of same-sex marriages; 68% in 2014 and 64% the following year.


Public opinion

A June 2011
Public Policy Polling Public Policy Polling (PPP) is an American polling firm affiliated with the Democratic Party. Founded in 2001 by businessman Dean Debnam, the firm is based in Raleigh, North Carolina. Debnam currently serves as president and CEO of PPP, while T ...
(PPP) survey found that 48% of Oregon voters thought marriage for same-sex couples should be legal, while 42% thought it should be illegal and 11% were not sure. A separate question on the same survey found that 76% of Oregon voters supported the legal recognition of same-sex couples, with 43% supporting same-sex marriage, 33% supporting civil unions but not marriage, 22% favoring no legal recognition and 1% not sure. A June 2012 PPP survey found that 46% of Oregon voters thought same-sex marriage should be legal, while 45% thought it should be illegal and 9% were not sure. A separate question on the same survey found that 74% of Oregon voters supported the legal recognition of same-sex couples, with 44% supporting same-sex marriage, 30% supporting civil unions but not marriage, 23% favoring no legal recognition and 3% not sure. A December 2012 PPP survey found that 54% of Oregon voters thought marriage for same-sex couples should be allowed, while 40% thought it should not be allowed and 5% were not sure. According to an April 2013 DHM Research poll, 49% of Oregon voters supported amending the Oregon Constitution to allow marriage for same-sex couples, 42% were opposed and 9% were undecided. A February 2014 poll released by Oregon United For Marriage showed that 55% of the respondents supported same-sex marriage, while 41% were opposed. According to a May 2014 DHM Research poll, 58% of Oregon voters supported amending the Oregon Constitution to permit same-sex marriages, 36% were opposed and 6% were undecided. A survey conducted by PPP that same month found that 54% of Oregon voters thought same-sex marriage should be allowed, while 40% thought it should not be allowed and 6% were not sure. A 2015 survey from the
Public Religion Research Institute The Public Religion Research Institute (PRRI) is an American nonprofit, nonpartisan research and education organization that conducts public opinion polls on a variety of topics, specializing in the quantitative and qualitative study of politic ...
(PRRI) showed that 62% of Oregon respondents supported same-sex marriage. In 2016, the polling organization placed support at 65%. In 2017, the PRRI placed support at 67%, with 25% opposed and 8% undecided. A 2020 survey from the same polling organization showed that 73% of Oregon respondents supported same-sex marriage, while 20% were opposed and 7% were undecided or did not answer. A survey conducted by the PRRI between March and November 2021 showed that 73% of Oregon respondents were in favor of same-sex marriage, while 26% were opposed and 1% were undecided.


See also

*
Domestic partnership in Oregon In April and May 2007, following a previous attempt in 2005, the Oregon state legislature passed legislation to make virtually all of the rights afforded by the state to married couples available to same-sex couples. The status is referred to in ...
* LGBT rights in Oregon * Same-sex marriage in the United States


References


External links


''Geiger v. Kitzhaber''
United States District Court for the District of Oregon: Order, May 19, 2014
''Geiger v. Kitzhaber''
United States District Court for the District of Oregon: Opinion, May 19, 2014

Oregon Supreme Court: Decision, April 14, 2005
Oregon Department of Justice page devoted to same-sex marriage
{{Oregon legislation LGBT in Oregon Oregon law Politics of Oregon
Oregon Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. T ...
2014 in LGBT history 2014 in Oregon