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 1626
 
                         Senate Bill 799
 
Sponsored by Senator GEORGE; Representative SUMNER
 
 
                             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.
 
  Declares that same-sex marriages are against public policy of
state. Declares that same-sex marriages entered into in other
jurisdictions are not recognized by state. Declares that
recognition or extension by state of specific statutory benefits
of marriage to nonmarital relationships, including civil unions,
is against public policy of state. Makes other declarations
regarding same-sex marriages.
 
                        A BILL FOR AN ACT
Relating to marriage; creating new provisions; and amending ORS
  106.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 106.010 is amended to read:
  106.010.  { + (1) + } Marriage is a civil contract entered into
in person   { - by males - }   { + between one man + } at least
17 years of age and
  { - females - }   { + one woman + } at least 17 years of age,
who are otherwise capable, and solemnized in accordance with ORS
106.150.
   { +  (2)(a) Any marriage between persons of the same sex is
against the strong public policy of this state. Any marriage
between persons of the same sex has no legal force or effect in
this state and, if attempted to be entered into in this state, is
void ab initio and is not recognized by this state.
  (b) Any marriage entered into by persons of the same sex in any
other jurisdiction is considered and treated in all respects as
having no legal force or effect in this state and is not
recognized by this state.
  (3)(a) Except as provided in ORS 656.226, the recognition or
extension by a public body of this state of the statutory
benefits of marriage to nonmarital relationships between persons
of the same sex or different sexes is against the strong public
policy of this state. Any public act, record or judicial
proceeding of a public body of this state that extends the
statutory benefits of marriage to nonmarital relationships
between persons of the same sex or different sexes is void ab
initio.
  (b) Any public act, record or judicial proceeding of any other
state or country or other jurisdiction outside this state that
extends the statutory benefits of marriage to nonmarital
relationships between persons of the same sex or different sexes
is considered and treated in all respects as having no legal
force or effect in this state and is not recognized in this
state.
  (c) Nothing in this subsection may be construed to:
  (A) Prohibit the extension of statutory benefits otherwise
enjoyed by all persons, married or unmarried, to nonmarital
relationships between persons of the same sex or different sexes,
including the extension of benefits conferred by any statute that
is not expressly limited to married persons; or
  (B) Affect the validity of private agreements that are
otherwise valid under the laws of this state. + }
  SECTION 2.  { + (1) The Legislative Assembly declares and
reaffirms this state's historical commitment to the institution
of marriage as a union between one man and one woman as husband
and wife.
  (2) The Legislative Assembly declares its intent to define
marriage and clarify that relationships that are intended as
substitutes for marriage, including but not limited to 'civil
unions' as provided for in Vt. Stat. Ann. tit. 15, 1202 (2004),
are not recognized in this state. It is not the intent of the
Legislative Assembly to prohibit the extension of specific
benefits otherwise enjoyed by all persons, married or unmarried,
to nonmarital relationships between persons of the same sex or
different sexes.
  (3) The Legislative Assembly declares its intent not to make
substantive changes in the law of this state that is in effect on
the day before the effective date of this 2005 Act with respect
to the validity of marriages occurring within this state before
the effective date of this 2005 Act. + }
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