portland independent media center  
images audio video
newswire article commentary oregon & cascadia

political theory oregon elections 2004

Doesn't 36 mean ALL marriage is illegal in Oregon?

Before 36, it was predicted that limiting marriage to same-sex couples would not hold up in the state supreme court. Measure 36 simply does nothing more than define marriage to me limited to a man and a woman. That doesn't sound like it addresses the original problem it meant to solve. Now that it passed, doesn't it mean that the only legal option is to not allow marriages of ANY kind in Oregon?
First, Multnomah Country decided to grant marriage licenses to gay couples. Their legal advice indicated that it is a violation of the Oregon Constitution to limit marriage to man-woman couples only.

Then, legal whining pursued, and it was concluded that the State Supreme Court will likely rule that marriages cannot be limited to man-woman couples only.

Now, we passed an amendment that simply defines marriage as between a man and a woman. This amendment does not sound like it addresses the original problem, it just provides an additional restriction to marriage than what we already have. If it does not address the original problem, then original legal problems remain. But since measure 36 passed, counties are now prohibited from granting marriages in any way that resolves the original legal problems. Doesn't this mean that marriage of ANY form is now illegal in Oregon?

just a single straight person who is wondering... :)
who will decide? 02.Nov.2004 23:42

?

will couples be required to have chromosomal testing before they can legally marry? how about fertility? Will that be a requirement?

So many questions, so many lawyers...

Good idea- ban all marriages 03.Nov.2004 00:15

Bear

Since the fundie bible bangers who want to run (or should I say ruin)everyone's lives say that marriage is a sacred institution.... why not ban ALL civil marriages and keep government out of the marriage issue altogether. Let the churches officiate over marriage. That way, the churches and religious bodies could marry whomever they deem to be fit in accordance with their particular systems of belief. If you're an atheist or agnostic, there could be some way of forming your own contract in accordance with your personal beliefs. This way, government would no longer play a role in this "sacred" institution. And it would be fair and equal to everyone regardless of gender or sexual orientation, since the State wouldn't grant ANY marriage!