Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Same-sex Marriages: The Oregon Vital Records Experience Jennifer A. Woodward, Ph.D. Center for Health Statistics Office of Disease Prevention and Epidemiology Health Services Oregon Department of Human Services

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Outline Overview of the Laws Events Lessons learned

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Marriage Law “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.”

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Overview of the Law Marriage license issued by the county clerk or equivalent. License is valid for 60 days. Three day waiting period. Marriage license also application and record of marriage. Completed and filed at the county.

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Overview of Law cont’d Copy kept at county. Original sent to state vital records for filing and registration. County copy is public record. Original at state is NOT public record.

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events March 2 Multnomah County Commissioners announce issuing licenses to same-sex couples on next day Reason: Legal opinion denying licenses to same-sex couples violates Oregon constitution

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events of March 3 8:00 am: Ensure county using current forms with no modifications 9:10 am: State Reg. contacts AG on how to handle records 10:00 am: County begins issuing licenses pm: Governor requests an AG opinion

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d March 12 AG provides opinion that law prohibits county from issuing marriage licenses to same-sex couples March 12 Governor requests speedy process to get to supreme court & Multnomah county to stop issuing licenses March 15 County decides to continue

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d March 17 State registrar told not to take any action March 17 Hand delivered 4 same-sex marriage records March 17 Benton County decides to issue licenses following week

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d March 18 2:04 Print press interviews State Registrar for release March 19 March 18 5:30 County clerks informed that all records will be returned to county because they are not valid marriage records.

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events March 19 Print & TV press want interviews Interviews must be approved by Governor Box of records arrives Press shows up for b-roll Press release from AG and Governor Procedure for accelerated process State Registrar returning records

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events March 23 Ask AG about birth and death records AG requests letters be sent to four couples informing State not accept marriage records Benton County decides not to issue any marriage licenses

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d March 24 Inform partners that can’t add same-sex parents to Birth Certificate or same-sex spouse to Death Certificate March 25 Learned that State Registrar is named in Li vs State of Oregon March 29 Officially informed by AG’s office that State Registrar had been named

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d Continued to return licenses to Multnomah County March 22 1,242 March March April 2 99 April April Vital Records receiving orders for certified copies

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d April 20 Judge’s opinion  Marriage law is unconstitutional  Legislature or Supreme Court must decide  County must stop issuing licenses.  State Registrar to register current licenses  Legislature has 90 days from convening to change the law

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Events cont’d April 29 Judgment signed by Judge May 6 Judgment entered May 6 Motion of partial stay of judgment requiring that records be registered. May 17 Partial stay denied. May 27 Immediate temporary stay filed and Notice of Appeal filed

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Lessons learned Establish point person at county Give AG primer on Vital Records Find out who is the point person in your AG’s office Set up communication protocol with AG, Governor, and your office Set up protocol for dealing with press

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Lessons learned Get clear instructions from AG Be humble and tell AG that you don’t speak “legalese” Keep in touch regularly Get a legal dictionary Hire someone with legal background Be thankful that you have an AG

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Lessons learned Set up web page to update people on events Get used to feeling out of the loop Don’t be surprised when your “boxes of records” become the most sought out item for the press

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 The Famous Boxes