Same-sex marriage became legal in Oregon on May 19, 2014, the day U.S. District Judge Michael McShane struck down the state’s constitutional ban in Geiger v. Kitzhaber.1United States District Court for the District of Oregon. Geiger v. Kitzhaber – Opinion and Order County clerks began issuing marriage licenses to same-sex couples that same afternoon. If you are asking when did Oregon legalize gay marriage, that is the date, though the full picture of nationwide and federal recognition took another year and, in statutory form, another eight.
The May 19, 2014 Federal Ruling
Oregon voters had amended the state constitution in November 2004 through Measure 36, which declared that only a marriage between one man and one woman would be valid in Oregon.2Oregon State Legislature. Oregon Constitution Annotations – Art. XV, Section 5a Because the restriction sat in the state constitution itself, no Oregon court or legislative act could remove it. Only a federal constitutional ruling could.
That ruling came in Geiger v. Kitzhaber, Case No. 6:13-cv-01834-MC. The plaintiffs argued the ban violated the Equal Protection Clause of the Fourteenth Amendment. In February 2014, Oregon Attorney General Ellen Rosenblum announced that the state would not defend the ban, concluding it could not survive a federal challenge under any standard of review. Governor Kitzhaber took the same position. No party stepped in to defend Measure 36.
Judge McShane ruled that Oregon’s marriage laws discriminated on the basis of sexual orientation without any rational relationship to a legitimate government interest, violating the Fourteenth Amendment.1United States District Court for the District of Oregon. Geiger v. Kitzhaber – Opinion and Order The accompanying order was effective immediately upon filing.3American Bar Association Journal. Geiger v. Kitzhaber – Order
What the Ruling Changed in Oregon
Once the order took effect, Measure 36 was unenforceable. County clerks could issue marriage licenses to same-sex couples on the same terms as any other couple, and every state agency, employer, and insurance provider in Oregon had to treat those marriages identically to any other marriage performed in the state.
Before Geiger, Oregon had tried to fill the gap with the Oregon Family Fairness Act, which took effect in 2008 and created registered domestic partnerships at ORS 106.300 through 106.340.4Oregon State Legislature. Oregon Revised Statutes – ORS 106.300 to 106.340 Domestic partners received the same state-level rights and responsibilities as married couples, but federal benefits were off the table: no joint federal tax return, no spousal Social Security, nothing tied to the federal provisions that attach to marital status. The 2014 ruling closed that gap at the state level by making actual marriage available. Oregon still permits domestic partnership registration under the same statute.
How Obergefell Completed the Picture
Oregon’s ruling meant you could marry in Oregon, but a marriage performed in Portland was not guaranteed recognition in every other state. That changed on June 26, 2015, when the U.S. Supreme Court decided Obergefell v. Hodges. The Court held that the right to marry is a fundamental right under the Due Process and Equal Protection Clauses of the Fourteenth Amendment, and that same-sex couples cannot be deprived of it.5Justia. Obergefell v. Hodges 576 U.S. 644 (2015)
Obergefell required every state to license same-sex marriages and to recognize same-sex marriages performed in other states. For Oregonians, the practical effect was uniform recognition everywhere, along with the federal benefits that follow marital status, including Social Security survivor benefits, veterans’ spousal benefits, and joint federal tax filing.
The Respect for Marriage Act
Marriage equality after Obergefell still rested on a Supreme Court decision that a future Court could reconsider. Congress addressed that in statute. President Biden signed the Respect for Marriage Act on December 13, 2022. Codified at 28 U.S.C. ยง 1738C, it bars any person acting under state law from denying full faith and credit to a marriage between two individuals based on the sex, race, ethnicity, or national origin of those individuals.6Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof
The Act repealed the key provisions of the 1996 Defense of Marriage Act. Under the current rule, if a marriage is valid where it was performed, the federal government and every other state must recognize it. The Attorney General can bring enforcement actions, and individuals harmed by noncompliance have a private right of action in federal court.6Office of the Law Revision Counsel. 28 USC 1738C – Certain Acts, Records, and Proceedings and the Effect Thereof The law also includes protections for religious organizations: nonprofit religious groups cannot be compelled to provide services, facilities, or goods for the celebration of any marriage, and the Act cannot be used to deny tax-exempt status or other benefits to religious organizations based on their beliefs about marriage.
Key Dates for Marriage Equality in Oregon
- November 2, 2004: Voters pass Measure 36, placing a one-man-one-woman definition of marriage in the Oregon Constitution.
- 2008: The Oregon Family Fairness Act takes effect, creating domestic partnerships with state-level marriage equivalence.
- May 19, 2014: Judge Michael McShane strikes down Oregon’s ban in Geiger v. Kitzhaber. Same-sex marriage becomes legal in Oregon.
- June 26, 2015: Obergefell v. Hodges legalizes same-sex marriage nationwide and requires interstate recognition.
- December 13, 2022: The Respect for Marriage Act becomes federal law.
If you were married in Oregon on or after May 19, 2014, your marriage has been valid under Oregon law from the day of the ceremony and has been entitled to full federal and interstate recognition since June 26, 2015.