Oregon Measure 36, Legally Recognized Marriage Initiative (2004)

Oregon Measure 36
Election date November 2, 2004
Topic Family-related policy and LGBTQ issues
Status Approved
Type Initiated constitutional amendment	Origin Citizens

Oregon Measure 36 was on the ballot as an initiated constitutional amendment in Oregon on November 2, 2004. It was approved.

A "yes" vote supported establishing the policy recognizing valid and legal marriage as between one man and one woman.

A "no" vote opposed establishing the policy recognizing valid and legal marriage as between one man and one woman.

Election results

Oregon Measure 36
Result		Votes	Percentage
Yes		1,028,546	56.63%
No		787,556	43.37%

Results are officially certified.

Source

Overview

What was this amendment designed to do?

The amendment was designed to define and recognize marriage as between only one man and one woman in the state.

Aftermath

U.S. District Court

Four gay and lesbian couples took the measure to court, and argued the state's marriage laws unconstitutionally discriminated against them and excluded them from a fundamental right to marriage. On May 19, 2014, Judge Michael McShane of the United States District Court for the District of Oregon overturned the marriage ban, making Oregon the seventh state to have such measures overturned by judges. Attorney General Ellen Rosenblum (D) had refused to defend it in court. Roseblum said that there were no legal arguments that could support it in light of the 2013 decisions regarding same-sex marriage by the U.S. Supreme Court. In the week prior to his decision, Judge McShane denied a request by the National Organization for Marriage to defend the law on behalf of its Oregon members. The National Organization for Marriage filed an emergency appeal with the United States Court of Appeals for the 9th Circuit asking for a stay of a ruling that prohibited it from defending the state’s ban. The appeal was quickly denied. Gay rights groups claimed to have enough signatures to force a statewide vote on gay marriage in November 2014, but also said that they would discard the signatures and drop the campaign if the court ruled in their favor by May 23.

U.S. Supreme Court

See also: Obergefell v. Hodges

On June 26, 2015, the United States Supreme Court ruled that same-sex couples have a constitutional right to marriage under the Fourteenth Amendment of the United States Constitution in the case Obergefell v. Hodges. The ruling overturned bans on same-sex marriage.

Justice Anthony Kennedy authored the opinion and Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan joined. Chief Justice John Roberts and Justices Antonin Scalia, Clarence Thomas and Samuel Alito each authored a dissent.

Text of measure

Ballot title

The ballot title for Measure 36 was as follows:

“

AMENDS CONSTITUTION: ONLY MARRIAGE BETWEEN ONE MAN AND ONE WOMAN IS VALID OR LEGALLY RECOGNIZED AS MARRIAGE RESULT OF “YES” VOTE: “Yes” vote adds to Oregon constitution declaration of policy that only marriage between one man and one woman is valid or legally recognized as marriage. RESULT OF “NO” VOTE: “No” vote retains existing constitution without a provision declaring that only marriage between one man and one woman is valid or legally recognized as marriage. SUMMARY: Amends constitution. Oregon statutes currently provide that marriage is a civil contract entered into in person between individuals of the opposite sex, that is, between males and females at least 17 years of age who solemnize the marriage by declaring “they take each other to be husband and wife.” The existing Oregon Constitution contains no provision governing marriage. Currently, the State of Oregon recognizes out-of-state marriages that are valid in the state where performed, unless the marriage violates a strong public policy of Oregon. Measure adds to Oregon Constitution a declaration that the policy of the State of Oregon and its political subdivisions is that “only a marriage between one man and one woman shall be valid or legally recognized as a marriage.” ESTIMATE OF FINANCIAL IMPACT: There is no financial effect on state or local government expenditures or revenues.

”

Full Text

The full text of this measure is available here.

Support

Yes on 36 was leading the campaign in support of the amendment.

Supporters

Organizations

• The Church of Jesus Christ of Latter-day Saints

Arguments

• William C Duncan, fellow at the Sutherland Institute: "This amendment is not about lifestyle choices, it is about marriage. With Amendment 3, unmarried couples can’t get the benefits of marriage without marrying, whatever their sex. This has always been the policy of Utah and it should not be changed by a court decision in this or any other state."

Opposition

No on Constitutional Amendment 36 was leading the campaign opposing the amendment.

Opponents

Officials

• Attorney General Mark Shurtleff (R)

Organizations

• American Civil Liberties Union
• The Episcopal Church

Arguments

• Gary and Millie Watts, co-chairs of the Family Fellowship: "Utahns don’t want their constitution to hurt co-workers, friends, and relatives. But that’s exactly what Amendment 3 would do. It goes too far beyond defining marriage and takes away basic rights and protections from real Utahns and their families. Reasonable, fair-minded voters have every reason to reject this flawed and hurtful amendment."

Path to the ballot

See also: Signature requirements for ballot measures in Oregon

An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.

In Oregon, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval unless the initiative proposes changing vote requirements, then the initiative must be approved by the same supermajority requirement as proposed by the measure.

The initiative was filed on March 2, 2004 by the Defense of Marriage Coalition, a group of pastors, and political consultants. They collected more than 240,000 signatures in support of the amendment.

See also

2004 Measures

• 2004 Measures
• LGBTQ issues on the ballot
• Family-related policy on the ballot
• 2004 legislative sessions

Oregon

• Oregon ballot measures
• Oregon ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Oregon Voter Guide (2004)