Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Same-sex...

Strengthening Partnerships: Shaping the FuturePortland, OR

June 6th – 10th, 2004

Same-sex Marriages: The Oregon Vital Records

Experience

Jennifer A. Woodward, Ph.D.Center for Health Statistics

Office of Disease Prevention and EpidemiologyHealth Services

Oregon Department of Human Services


June 6th – 10th, 2004

Outline Overview of the Laws Events Lessons learned


June 6th – 10th, 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.”


June 6th – 10th, 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.


June 6th – 10th, 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.


June 6th – 10th, 2004


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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.


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 2004

Events cont’d Continued to return licenses to

Multnomah CountyMarch 22 1,242 March 23 187

March 31 901 April 2 99 April 9 109 April 15 110

Vital Records receiving orders for certified copies


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 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


June 6th – 10th, 2004

The Famous Boxes

Strengthening Partnerships: Shaping the Future Portland, OR June 6 th – 10 th, 2004 Same-sex...

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