73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2125
 
                         Senate Bill 526
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Changes minimum age at which persons may marry from 17 to 18.
 
                        A BILL FOR AN ACT
Relating to domestic relations; amending ORS 106.010, 106.041 and
  106.050; and repealing ORS 106.060.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 106.010 is amended to read:
  106.010. Marriage is a civil contract entered into in person by
males at least   { - 17 - }   { + 18 + } years of age and females
at least   { - 17 - }  { + 18 + } years of age, who are otherwise
capable, and solemnized in accordance with ORS 106.150.
  SECTION 2. ORS 106.041 is amended to read:
  106.041. (1) All persons wishing to enter into a marriage
contract shall obtain a license therefor from the county clerk
upon application, directed to any person or religious
organization or congregation authorized by ORS 106.120 to
solemnize marriages, and authorizing such person, organization or
congregation to join together as husband and wife the persons
named in the license.
  (2) No license shall be issued by the county clerk until the
provisions of this section  { - , - }   { + and + } ORS 106.050
 { - and 106.060 - }  are complied with.
  (3) Each applicant for a marriage license shall file with the
county clerk from whom the license is sought a written
application for the license on forms provided for this purpose by
the Department of Human Services which shall include the
applicant's Social Security number, certain statistical data
regarding age, place of birth, sex, occupation, residence and
previous marital status of the applicant and, if required, the
name and address of the affiant under ORS 106.050.
  (4) A license issued after July 13, 1995, must contain the
following statement: 'Neither you nor your spouse is the property
of the other. The laws of the State of Oregon affirm your right
to enter into marriage and at the same time to live within the
marriage free from violence and abuse. '
  SECTION 3. ORS 106.050 is amended to read:
  106.050.   { - (1) - }  The county clerk may accept any
reasonable proof of the applicant's age satisfactory to the
clerk. The clerk may require proof of age by affidavit of some
person other than either of the parties seeking the license if
 
the clerk deems it necessary in order to determine the age of an
applicant to the clerk's satisfaction.
    { - (2) If an applicant for a marriage license is less than
18 years of age, the applicant must file with the county clerk an
affidavit of some person other than either of the parties seeking
the license showing the facts other than age necessary to be
shown under ORS 106.060 in the particular case, except the
consent of the parent or guardian required by ORS 106.060 shall
not be part of the affidavit. The affidavit is sufficient
authority to the clerk, so far as the facts stated therein, for
issuing the license. - }
  SECTION 4.  { + ORS 106.060 is repealed. + }
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