6:13-cv-01834 #110

DECLARATION OF JOHN C. EASTMAN IN SUPPORT OF MOTION TO INTERVENE - 1

Roger K. Harris (OSB No. 78046)

HARRIS BERNE CHRISTENSEN LLP

5000 SW Meadows Road, Suite 400

Lake Oswego, OR 97035

(503) 968-1475; (503) 968-2003 Fax

[email protected]

John C. Eastman (admitted pro hac vice)

CENTER FOR CONSTITUTIONAL JURISPRUDENCE

c/o Chapman University Fowler School of Law

One University Dr.

Orange, CA 92866

(877) 855-3330; (714) 844-4817 Fax

[email protected]

Attorneys for Proposed Intervenor

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

DEANNA L. GEIGER, JANINE M.

NELSON, ROBERT DUEHMIG and

WILLIAM GRIESAR,

Plaintiffs,

v.

JOHN KITZHABER, in his official capacity

as Governor of Oregon; ELLEN

ROSENBLUM, in her official capacity as

Attorney General of Oregon; JENNIFER

WOODWARD, in her official capacity as

State Registrar, Center for Health Statistics,

Oregon Health Authority; and RANDY

WALDRUFF, in his official capacity as

Multnomah County Assessor,

Defendants,

and

Case No.: 6:13-cv-01834-MC (Lead Case)

Case No.: 6:13-cv-02256-MC (Trailing Case)

DECLARATION OF JOHN C. EASTMAN

IN SUPPORT OF MOTION TO

INTERVENE

Case 6:13-cv-01834-MC Document 110 Filed 05/09/14 Page 1 of 5 Page ID#: 1251


NATIONAL ORGANIZATION FOR

MARRIAGE, INC., on behalf of their Oregon

members,

Proposed Intervenor.

PAUL RUMMELL and BENJAMIN

WEST; LISA CHICKADONZ and

CHRISTINE TANNER; BASIC RIGHTS

EDUCATION FUND,

Plaintiffs,

v.

JOHN KITZHABER, in his official capacity

as Governor of Oregon; ELLEN

ROSENBLUM, in her official capacity as

Attorney General of Oregon; JENNIFER

WOODWARD, in her official capacity as

State Registrar, Center for Health Statistics,

Oregon Health Authority; and RANDY

WALDRUFF, in his official capacity as

Multnomah County Assessor,

Defendants,

and

NATIONAL ORGANIZATION FOR

MARRIAGE, INC., on behalf of their Oregon

members,

Proposed Intervenor.

I, John C. Eastman, hereby declare and state as follows:

1. I am the founding director of the Center for Constitutional Jurisprudence, the public

interest law arm of the Claremont Institute. In that capacity, I am one of the attorneys for

Proposed Intervenor National Organization for Marriage, Inc. I have personal knowledge of the

matters stated in this declaration and could and would so testify if called as a witness.



2. I also serve as the Chairman of the Board of Directors of the National Organization

for Marriage, Inc. (“NOM”). In that capacity, I was informed in February or March, 2014 that

public policy groups in Oregon were trying to identify county clerks who might be willing to

intervene in the Oregon marriage case.

3. Sometime in late March or early April, I was asked by NOM’s President, Brian

Brown, whether the Center for Constitutional Jurisprudence would be willing to represent a

county clerk or other entity in Oregon who had the legal standing to intervene in the case. I

agreed to undertake the representation if we could identify someone with the requisite standing.

4. During the second week of April, I had telephone conversations or in-person

meetings with several individuals who had colorable claims of standing to intervene in the

Oregon marriage case, either on their own behalf or on behalf of their businesses. Every one of

those individuals expressed to me that they were concerned that intervening in the case might

result in threats, harassment, and other forms of retaliation as has occurred elsewhere in the

country.

5. During one such conversation, I learned that the State Registrar had just advised

county clerks to be ready to begin issuing marriage licenses to same sex couples immediately

after the hearing on April 23, 2014, because the Government was not going to appeal the

expected ruling holding that Oregon’s marriage law was unconstitutional. I subsequently

obtained a copy of that communication from the State Registrar, dated April 8, 2014, and a

subsequent one dated April 18, 2014, attached here as Exhibits A and B.

6. After several follow-up conversations with one or more county clerks and individual

business owners with particularized interests at stake in the litigation, I was ultimately advised

on April 17, 2014, that the last potential intervenor with whom I had been in discussions had

decided against intervening in the case because of the risk of threats, harassment, and retaliation.



7. The next day, I advised individuals affiliated with NOM that, because of the risk of

threats, harassment, and retaliation that was preventing individuals with standing from

intervening in the case, NOM could likely assert third-party standing on behalf of their members,

if any of them had legal standing on their own.

8. One of NOM’s members is a County Clerk in Oregon. I spoke with the County Clerk

on either April 20 or April 21, 2014, and ascertained that the County Clerk is an elected County

Clerk who issues marriage licenses, who supports marriage between one man and one woman,

who would have religious objections to issuing marriage licenses to persons of the same sex if

marriage were redefined in Oregon to encompass same-sex relationships, who would like to

intervene in the Oregon marriage case to defend Oregon’s marriage law but was concerned about

the risk of harassment, and who would welcome NOM’s intervention on behalf of its members.

9. Over the weekend of April 19, 2014, I secured affiliated counsel in Oregon, and

throughout the weekend and the following Monday we collectively researched and prepared a

motion to intervene and accompanying memorandum of law, interviewed NOM members who

had a particularized stake in the outcome of the case, prepared a supporting declaration for

NOM’s president, prepared answers to the amended complaints in the two consolidated cases,

reviewed the transcripts of prior hearings in the case, prepared a motion for admission pro hac

vice, began preparing a motion to postpone the April 23, 2014 hearing, began preparing a brief in

opposition to the two motions for summary judgment, and, after seeing news accounts that raised

potential mandatory recusal issues, researched the relevant ethics rules and case law dealing with

recusal.



I declare under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct.

Dated this 9th of May, 2014. /s/ John C. Eastman

John C. Eastman


From: Woodward Jennifer A [mailto:[email protected]] Sent: Tuesday, April 08, 2014 8:50 AM Subject: Newsletter and New Marriage Forms Importance: High Dear Colleagues: I am pleased to share with you the most recent Marriage newsletter from the Center for Health Statistics. Information related to new marriage forms As you may know, Oregon’s attorney general announced that the Department of Justice will not defend Oregon’s ban on same-sex marriage that the US District Court will hear on April 23. Oregon Vital Records has prepared a new Application, License and Record of Marriage to account for same-sex marriages. The form is the legal record of marriage that is filed with the state vital records office. This form can be used for marriage between any couple. There are two significant changes in the form • Previously, applicants were either “bride” or “groom.” The new form designates “Party A” and “Party B.” Applicants

can choose whether they want to be identified as “bride,” “groom” or “spouse.” • The term “maiden name” will no longer be used. Instead, applicants will state their “name at birth.” Many of Oregon’s counties (34 of 36) use an electronic version of the marriage form. Oregon’s vital records office is working with the software vendor that provides the electronic marriage forms to county clerks throughout the state to ensure they have updated the form. If the judge rules that same-sex marriages are legal in Oregon, the state vital records office will immediately provide paper copies to county marriage offices. Attached is a copy of the new form for reference. This copy is not for distribution. Oregon Vital Records marriage instructions will be revised to match the new forms and posted on the web. I will be updating you as I get more information. Please let me know if I need to include other county staff on the update emails. Please feel free to contact me if you have any questions or need additional information related to the new forms. Best regards,

Jennifer A. Woodward Jennifer A. Woodward, PhD State Registrar Center for Health Statistics Center for Public Health Practice Oregon Public Health Division

Exhibit A Page 1 of 2

Case 6:13-cv-01834-MC Document 110-1 Filed 05/09/14 Page 1 of 2 Page ID#: 1256

800 NE Oregon St., Suite 225 Portland, OR 97232 971-673-1185 971-673-1201 fax

Exhibit A Page 2 of 2


From: Woodward Jennifer A [mailto:[email protected]] Sent: Friday, April 18, 2014 7:46 AM Subject: Upated FAQs and Instructions for new marriage forms Importance: High Dear County Clerks and Marriage Clerks: Updated Frequently Asked Questions related to same-sex marriage forms along with Instructions for completing the new forms are attached. PLEASE READ the updated FAQs I will be notified of the effective date by the Attorney General’s office. I will inform you and Steve Taylor immediately. This will likely be happening on April 23. Please keep your eyes open for an email from me on that date. Oregon Vital Records staff will also be calling your office to confirm notification. Best regards,

Jennifer A. Woodward Jennifer A. Woodward, PhD State Registrar Center for Health Statistics Center for Public Health Practice Oregon Public Health Division 800 NE Oregon St., Suite 225 Portland, OR 97232 971-673-1185 971-673-1201 fax


COMPLETING AND FILING THE APPLICATION, LICENSE, AND RECORD OF MARRIAGE

INSTRUCTIONS FOR OFFICIANTS

Center for Health Statistics Center for Public Health Practice

Public Health Division Oregon Health Authority

Mailing Address Oregon Vital Records

P.O. Box 14050 Portland, OR 97293-0050

Judy Shioshi (Vital Records Field Liaison) (971) 673-1166 JoAnn Jackson (Manager, Registration Unit) (971) 673-1160

Instructions and forms are also available at http://public.health.oregon.gov/BirthDeathCertificates/

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The license contains 2 important dates, located at the top of the form:

1. A marriage ceremony may not be performed before the “License Effective On or After” date, which is three (3) days after the date on which the license was issued by the county clerk unless the waiting period is waived.

2. A marriage ceremony may not be performed after the “License Expires (Month, Day, Year)” date, which is sixty (60) days after the “License Effective” date.

A marriage performed outside the time frame provided by these two dates will be not be considered valid. The couple will have to procure another license and be remarried.

It is your responsibility, as the person performing the marriage ceremony, to complete the information in Items 30 – 33 on the Application, License, and Record of Marriage form. A person solemnizing a marriage shall, within 5 days after the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license. The person solemnizing the marriage should keep a copy of the application, license, and record of Marriage form. ITEM 30a DATE OF MARRIAGE

Enter the full name of the month – January, February, March, etc. Do not use a number or abbreviation to designate the month.

The date of marriage MUST fall within the “License Effective” and

“License Expires” dates.

This is a legal item showing when the marriage actually occurred. The date of the marriage is important for legal rights and responsibilities. It is also used to confirm that the license was valid at the time of the ceremony. The date of the marriage is used statistically to count the number of marriages that occur during a specified period of time. It may be used in combination with other items on the certificate for analysis of marriage trends and characteristics. ITEM 30b WHERE MARRIED – CITY, TOWN OR LOCATION

Enter the name of the city, town, or location in Oregon where the marriage ceremony took place.


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ITEM 30c COUNTY

Enter the name of the county in Oregon where the marriage ceremony took place.

This is a legal item that establishes whether the marriage was performed within Oregon. It may also be used for statistical analysis of marriage by place of occurrence. ITEM 31a SIGNATURE OF PERSON PERFORMING CEREMONY

(OFFICIANT) ITEM 31b TITLE

Type or print the title (e.g., Reverend or Judge) of the officiant. ITEM 31c PRINT NAME AND ADDRESS OF OFFICIANT (PERSON

PERFORMING CEREMONY)

Type or print the full name, mailing address, and phone number of the person performing the marriage ceremony.

This information is used if there is a need to contact the officiant regarding the record.

ITEM 31d NAME AND ADDRESS OF THE AUTHORIZING RELIGIOUS CONGREGATION OR ORGANIZATION OF OFFICIANT

Type or print the full name, address, and phone number of the

organization (religious or civil) of the person performing the marriage ceremony. The organization must be in existence at the time the marriage is solemnized. Internet addresses and PO Boxes are not acceptable. This information is used to facilitate querying.

ITEM 32-33 WITNESS NAME (PRINT) The names of the two witnesses to the ceremony should be printed in

these spaces. Witness signatures are not necessary.


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OREGON REVISED STATUTES Below are the Oregon Revised Statutes, which apply to officiants. These laws concern who may perform a marriage and the filing of the marriage record. 106.120 Who may solemnize marriage; fee; personal payment; records. (1) As used in this section, “judicial officer” means: (a) A judicial officer of this state as that term is defined in ORS 1.210 and includes but is not limited to a judge of a municipal court and a justice of the peace. (b) An active judge of a federal court. (c) An active United States magistrate judge. (2) Marriages may be solemnized by: (a) A judicial officer; (b) A county clerk; (c) Religious congregations or organizations as indicated in ORS 106.150 (2); or (d) A clergyperson of any religious congregation or organization who is authorized by the congregation or organization to solemnize marriages. (3) A person authorized to solemnize marriages under subsection (2) of this section may solemnize a marriage anywhere in this state. (4)(a) When a marriage is solemnized by a tax, appellate or circuit judge of this state, the clerk of the court or the county clerk shall collect a fee of $100 and deposit the fee in the Judicial Department Operating Account established in ORS 1.009. (b) When a marriage is solemnized by a county clerk, the county clerk shall collect a fee of $100, as provided in ORS 205.320. (c) The fee described in this subsection may be collected only if: (A) The marriage is solemnized during normal working hours, excluding holidays; (B) The marriage is solemnized in court facilities or a county clerk’s office; or (C) More than a minimal amount of staff time or other court or county clerk’s office resources are used in connection with the solemnization. (d) The Chief Justice of the Supreme Court or the county clerk may establish a written procedure for waiver of the fee required under this subsection in exigent circumstances, including but not limited to indigency of the parties to the marriage. (5) In addition to any fee collected under subsection (4) of this section, a judicial officer of this state and a county clerk may charge and accept an agreed upon personal payment not to exceed $100 plus actual costs for the solemnization of a marriage if that solemnization is performed: (a) At a place other than the courthouse where the judicial officer or county clerk serves; or (b) Outside of the judicial officer’s or county clerk’s normal working hours. (6) The charging and accepting of a personal payment by a judicial officer of this state


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or a county clerk under subsection (5) of this section does not constitute a violation of any of the provisions of ORS chapter 244. (7) The amount of actual costs charged by a judicial officer of this state or a county clerk under subsection (5) of this section may not exceed: (a) Actual expenses for food and lodging as verified by receipts. (b) If travel is made by personal vehicle, the actual number of round-trip miles from the judicial officer’s or county clerk’s home or office, whichever is greater, compensated at the rate of reimbursement then provided by the State of Oregon to its employees or, if travel is made by a commercial carrier, reimbursement shall be made of the actual costs thereof, verified by receipts. (8) A judicial officer of this state or a county clerk shall maintain records of the amount of personal payments received for performing marriages, of actual costs and the supporting documentation related thereto for a period of four years. (9) The parties to a marriage solemnized by a tax, appellate or circuit judge of this state shall show to the judge proof of payment of the fee required under subsection (4)(a) of this section before solemnization. Except as provided in subsection (4)(d) of this section, the judge may not solemnize a marriage without proof of payment of the fee. 106.140 Solemnizing marriage unlawfully or without authority. No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do. No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS 106.010 to 106.060 or 106.100 to 106.190. 106.150 Form of solemnization; witnesses; solemnization before congregation. (1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the clergyperson, county clerk or judicial officer solemnizing the marriage and in the presence of at least two witnesses, that they take each other to be husband and wife. (2) All marriages, to which there are no legal impediments, solemnized before or in any religious organization or congregation according to the established ritual or form commonly practiced therein, are valid. In such case, the person presiding or officiating in the religious organization or congregation shall deliver to the county clerk who issued the marriage license the application, license and record of marriage in accordance with ORS 106.170. 106.170 Report of marriage to county clerk. A person solemnizing a marriage shall, within 10 days after the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license. The person solemnizing the marriage may keep a copy of the application, license and record of marriage form.


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432.075 Duty to furnish information to state registrar; immunity. (1) Any person having knowledge of the facts shall furnish all information the person may possess regarding any birth, death, fetal death, induced termination of pregnancy, marriage, dissolution of marriage or suicide attempt by a person under 18 years of age, upon demand of the State Registrar of the Center for Health Statistics. (2) Any person or institution that in good faith provides information required by this chapter or by rules adopted pursuant thereto shall not be subject to any action for civil damages. 432.405 Filing of marriage record or domestic partnership registration; rules. (1) A record of each marriage performed and domestic partnership registered in this state shall be filed with the Center for Health Statistics and shall be registered if it has been completed and filed in accordance with this section and rules adopted by the State Registrar of the Center for Health Statistics. (2) The county clerk or county official who issues the marriage license or registers the Declaration of Domestic Partnership shall prepare the record in the form prescribed or furnished by the state registrar upon the basis of information obtained from the parties. (3) Each person who performs a marriage ceremony shall certify the fact of marriage and return the record to the official who issued the license within 10 days after the ceremony. (4) Every official issuing marriage licenses or registering Declarations of Domestic Partnership shall complete and forward to the Center for Health Statistics on or before the 10th day of each calendar month the records of marriages returned to such official during the preceding calendar month and the records of Declarations of Domestic Partnership registered during the preceding calendar month. (5) A marriage or domestic partnership record not filed within the time prescribed by this section may be registered in accordance with rules adopted by the state registrar.


INSTRUCTIONS FOR COMPLETING AND FILING THE APPLICATION, LICENSE, AND RECORD OF MARRIAGE

Center for Health Statistics Center for Public Health Practice

Public Health Division Oregon Health Authority

Mailing Address Oregon Vital Records

P.O. Box 14050 Portland, OR 97293-0050

Judy Shioshi (Vital Records Field Liaison) (971) 673-1166 JoAnn Jackson (Manager, Registration Unit) (971) 673-1160

Instructions and forms are also available at http://public.health.oregon.gov/BirthDeathCertificates/

Effective TBD


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GENERAL INFORMATION The Application, License, and Record of Marriage is a legal form. The form should be typed or printed legibly in black or dark blue ink and should not be altered. All sections of the form need to be completed unless otherwise specified in the instructions. When issuing the license, make sure all signatures in Items 25, 26, and 28 are complete. Upon return of the license from the marriage officiant, review all entries about the marriage ceremony and register the marriage. Be sure to sign and date the marriage form (Items 34 and 35). Every issuing official must send the original form to the Center for Health Statistics within fifteen days of receipt (twice a month). AMENDING DECLARATION OF APPLICATION, LICENSE, AND RECORD OF MARRIAGE FORM If the county amends the marriage record, a copy of the amended form must be forwarded to the Center for Health Statistics with a letter identifying the changes and asking that a similar amendment be completed by the state.


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INSTRUCTIONS FOR COMPLETING THE APPLICATION, LICENSE AND RECORD OF MARRIAGE FORM

ON THE TOP PORTION OF THE MARRIAGE RECORD: Enter the Local File Number in the space provided. DO NOT write or mark in the space provided for the State File Number. This space is for state use only.

LOCAL OFFICIAL SECTION Enter the county issuing the license. Enter the dates (Month, Day, and Year) during which the marriage license can be used (“License Effective” and “License Expires”). Note:

A marriage ceremony may not be performed before the “License effective on or after” date or after the “License expires” date. There is a three day waiting period after the date the license was issued. See ORS 106.077 for information on waiving this waiting period. If the three day waiting period is waived, the county clerk must check the WAIVER boxes for each party. A marriage performed outside the time frame provided by these two dates will be invalid. The couple will have to procure another license, and be remarried.

CONSENT FORM BOXES Check the consent box for Party A or Party B, if the applicant is age 17 and a consent form is provided. WAIVER BOXES If the three day waiting period is waived, check the WAIVER boxes for each party.


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UPPER PORTION OF THE MARRIAGE LICENSE AND CERTIFICATE: The upper portion of the marriage record contains the items required for identification of the individuals to whom the marriage license is being issued; when and by whom the license to marry was issued; and when, where and by whom the marriage was performed. These are the items of information usually furnished to establish the fact of marriage. PARTY A CHECK ONE (Groom, Bride, or Spouse) Use of a title is optional ITEM 1 LEGAL NAME (First, Middle, Last)

Type or print the full, current, and legal first, middle, and last names of Party A. Do not abbreviate. Do not use nicknames.

Entries of Jr., Sr., II, and so forth, following the last name are acceptable.

LEGAL NAME at birth (if different)

Type or print the full legal first, middle, and last names at birth if different from current legal name. Entries of Jr., Sr., II, and so forth, following the last name are acceptable.

PREVIOUS NAME (if different) The full name of Party A (along with the full name of the Party B) is needed to identify the individuals to be married.

ITEM 2 BIRTHPLACE (State or Foreign Country)

If Party A was born in the United States, enter the name of the state.

If Party A was born in a foreign country or a U.S. territory, enter the name of the country or territory.

If Party A was born in the United States but the state is unknown, enter

“U.S. – unknown”.

If Party A was born in a foreign country but the country is unknown, enter “Foreign – unknown”.

If no information is available regarding place of birth, enter “Unknown”.


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Birthplace is an aid in identification. It has been used in studies that describe differences in marriage patterns between native and foreign-born persons and among persons born in different states. It may be used to analyze migration and the effect of migration on marriage. This information is also used in genealogical purposes. ITEM 3 DATE OF BIRTH (Month, Day, Year) Enter the exact month, day, and year that Party A was born.

Enter the full name of the month – January, February, March, etc.. Do not use a number or abbreviation to designate the month.

Date of birth is used for identification and to calculate the exact age of Party A. ITEM 4 AGE

Enter Party A’s exact age in years on his or her last birthday. Party A must be 18 or older, or present a consent affidavit if 17 years old. [See Item 23.]

Age is used by the local licensing authority to determine whether or not the individuals are of legal age for marriage according to State law. Age is also used to describe and analyze differences in marriage patterns of parties along with race, geographic area, and other characteristics. Having both age and date of birth on the record increases the accuracy of the information. ITEM 5 SEX Type or print the sex (“Male” or “Female”) of Party A. ITEM 6 OCCUPATION

Enter the occupation of Party A at the time of entering into this marriage. The occupation may be a source of income, livelihood, or vocation. Student, Unemployed, or Retired are acceptable as occupations.

ITEM 7 PREVIOUS MARITAL STATUS

Type or print Party A’s marital status prior to the current marriage (“Single”, “Widowed”, or “Divorced”).

ITEM 8a FATHER’S NAME (First, Middle, Legal Surname prior to 1st

Marriage) Type or print the first, middle, and last names of the father of Party A. The

last name should be the legal surname prior to the father’s first marriage,


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which is generally the last name on the father’s birth certificate. Do not abbreviate.

Entries of Jr., Sr., II, and so forth, following the last name are acceptable. The father’s name is used for identification and for legal matters such as consent to marry when required by State law. The item can be used to establish Party A’s parentage and to provide information for genealogical purposes. ITEM 8b BIRTHPLACE (State or Foreign Country) of Party A’s Father If the father of Party A was born in the United States, enter the name of the

state. If the father was born in a foreign country or U.S. territory, enter the name

of the country or territory. If the father was born in the United States but the state is unknown, enter

“U.S. – unknown”. If the father was born in a foreign country, but the country is unknown, enter

“Foreign – unknown”. If no information is available regarding place of birth, enter “Unknown”. The birthplace of parents is used for identification and genealogical purposes. ITEM 9a MOTHER’S NAME (First, Middle, Legal Surname Prior to first

Marriage) Type or print the first, middle, and last names of the mother of Party A. The last name should be the legal surname prior to the mother’s first marriage, which is generally the last name on the mother’s birth certificate. Do not abbreviate.

If the mother is married, widowed, or divorced, be sure to enter her maiden

surname, not a last name acquired by marriage. The mother’s name is used for identification. The item can be used to establish Party A’s parentage and to provide information for genealogical purposes.


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ITEM 9b BIRTHPLACE (State or Foreign Country) of Party A’s Mother If the mother of Party A was born in the United States, enter the name of the state. If the mother was born in a foreign country or U.S. territory, enter the name of the country or territory. If the mother was born in the United States but the state is unknown, enter “U.S. – Unknown”. If the mother was born in a foreign country, but the country is unknown, enter “Foreign – unknown”. If no information is available regarding place of birth, enter “Unknown”.

The birthplace of parents is used for identification and genealogical purposes. ITEM 10a PARTY A’s ADDRESS (Street and Number, City or Town,

State/Country, and Zip) Enter full address (Number and Street, City, State, Country, and Zip Code).

Do not use a mailing address. ITEM 10b COUNTY OF RESIDENCE Enter current county of residence. This item may be left BLANK if residing outside the U.S. Party A’s residence is the place where his or her household is located. This is not necessarily the same as his or her home state, voting residence, mailing address, or legal residence. The city, county, and state entered should be that of the place where Party A actually lives. Never enter a temporary residence, such as one used during a visit, business trip, or vacation. However, place of residence during a tour of military duty or during attendance at college is not considered temporary and should be entered on the certificate as Party A’s place of residence. Party A’s residence is used for identification and refers to the place regarded as home up to the time of marriage. It provides the basis for determining the marriage rate for residents of particular areas and for comparing place of marriage with place of residence.


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ITEM 11 PARTY A’s LEGAL NAME TAKEN AFTER MARRIAGE (First, Middle, Last)

With the passage of Senate Bill 406 during the 2013 Legislative Session, Party A may

retain his or her last name, or change his or her last name to the last name of Party B; or change his or her name to a combination of his or her and Party B’s last names, with or without hyphens. If Party A changes the last name, Party A may also change or add to his or her middle name the name that was his or her last name prior to the marriage. Please see Appendix A at the end of this document for complete instructions and examples. [If Party A wishes to change his or her last name to a name not authorized under ORS 106.220(1) (outlined above), he or she must obtain a court order of name change pursuant to ORS 33.140.] PARTY B CHECK ONE (Groom, Bride, or Spouse) Use of a title is optional ITEM 12 LEGAL NAME (First, Middle, Last)

Type or print the full, current, and legal first, middle, and last names of Party B. Do not abbreviate. Do not use nicknames.

Entries of Jr., Sr., II, and so forth, following the last name are acceptable.

LEGAL NAME at birth (if different)

Type or print the full legal first, middle, and last names at birth if different from current legal name. Entries of Jr., Sr., II, and so forth, following the last name are acceptable.

PREVIOUS NAME (if different) The full name of Party B (along with the full name of the Party A) is needed to identify the individuals to be married.

ITEM 13 BIRTHPLACE (State or Foreign Country) – Party B

If Party B was born in the United States, enter the name of the state.

If Party B was born in a foreign country or a U.S. territory, enter the name of the country or territory.

If Party B was born in the United States but the state is unknown, enter

“U.S. – unknown”.


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If Party B was born in a foreign country but the country is unknown, enter

“Foreign – unknown”.

If no information is available regarding place of birth, enter “Unknown”. Birthplace is an aid in identification. It has been used in studies that describe differences in marriage patterns between native and foreign-born persons and among persons born in different states. It may be used to analyze migration and the effect of migration on marriage. This information is also used in genealogical purposes. ITEM 14 DATE OF BIRTH (Month, Day, Year) Enter the exact month, day, and year that Party B was born.

Enter the full name of the month – January, February, March, etc.. Do not use a number or abbreviation to designate the month.

Date of birth is used for identification and to calculate the exact age of Party B. ITEM 15 AGE

Enter Party B’s exact age in years on his or her last birthday. Party B must be 18 or older, or present a consent affidavit if 17 years old. [See Item 24.]

Age is used by the local licensing authority to determine whether or not the individuals are of legal age for marriage according to State law. Age is also used to describe and analyze differences in marriage patterns of parties along with race, geographic area, and other characteristics. Having both age and date of birth on the record increases the accuracy of the information. ITEM 16 SEX Type or print the sex (“Male” or “Female”) of Party B. ITEM 17 OCCUPATION

Enter the occupation of Party B at the time of entering into this marriage. The occupation may be a source of income, livelihood, or vocation. Student, Unemployed, or Retired are acceptable as occupations.

ITEM 18 PREVIOUS MARITAL STATUS

Type or print Party B’s marital status prior to the current marriage (“Single”, “Widowed”, or “Divorced”).


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ITEM 19a FATHER’S NAME (First, Middle, Legal Surname prior to First Marriage)

Type or print the first, middle, and last names of the father of Party B. The last name should be the legal surname prior to the father’s first marriage, which is generally the last name on the father’s birth certificate. Do not abbreviate.

Entries of Jr., Sr., II, and so forth, following the last name are acceptable. The father’s name is used for identification and for legal matters such as consent to marry when required by State law. The item can be used to establish Party B’s parentage and to provide information for genealogical purposes. ITEM 19b BIRTHPLACE (State or Foreign Country) of Party B’s Father If the father of Party B was born in the United States, enter the name of the

state. If the father was born in a foreign country or U.S. territory, enter the name

of the country or territory. If the father was born in the United States but the state is unknown, enter

“U.S. – unknown”. If the father was born in a foreign country, but the country is unknown, enter

“Foreign – unknown”. If no information is available regarding place of birth, enter “Unknown”. The birthplace of parents is used for identification and genealogical purposes. ITEM 20a MOTHER’S NAME (First, Middle, Legal Surname Prior to first

Marriage) Type or print the first, middle, and last names of the mother of Party B. The last name should be the legal surname prior to the mother’s first marriage, which is generally the last name on the mother’s birth certificate. Do not abbreviate.

If the mother is married, widowed, or divorced, be sure to enter her maiden

surname, not a last name acquired by marriage.


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The mother’s name is used for identification. The item can be used to establish Party B’s parentage and to provide information for genealogical purposes. ITEM 20b BIRTHPLACE (State or Foreign Country) of Party B’s Mother

If the mother of Party B was born in the United States, enter the name of the state. If the mother was born in a foreign country or U.S. territory, enter the name of the country or territory. If the mother was born in the United States but the state is unknown, enter “U.S. – Unknown”. If the mother was born in a foreign country, but the country is unknown, enter “Foreign – unknown”. If no information is available regarding place of birth, enter “Unknown”.

The birthplace of parents is used for identification and genealogical purposes. ITEM 21a PARTY B’s ADDRESS (Street and Number, City or Town,

State/Country, and Zip) Enter full address (Number and Street, City, State, Country, and Zip Code).

Do not use a mailing address. ITEM 21b COUNTY OF RESIDENCE Enter current county of residence. This item may be left BLANK if residing outside the U.S. Party B’s residence is the place where his or her household is located. This is not necessarily the same as his or her home state, voting residence, mailing address, or legal residence. The city, county, and state entered should be that of the place where Party B actually lives. Never enter a temporary residence, such as one used during a visit, business trip, or vacation. However, place of residence during a tour of military duty or during attendance at college is not considered temporary and should be entered on the certificate as Party B’s place of residence. Party B’s residence is used for identification and refers to the place regarded as home up to the time of marriage. It provides the basis for determining the marriage rate for residents of particular areas and for comparing place of marriage with place of residence.


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ITEM 22 PARTY B’s LEGAL NAME TAKEN AFTER MARRIAGE (First,

Middle, Last)

With the passage of Senate Bill 406 during the 2013 Legislative Session, Party B may retain his or her last name, or change his or her last name to the last name of Party A; or change his or her name to a combination of his or her and Party A’s last names, with or without hyphens. If Party B changes the last name, Party B may also change or add to his or her middle name the name that was his or her last name prior to the marriage. Please see Appendix A at the end of this document for complete instructions and examples. [If Party B wishes to change his or her last name to a name not authorized under ORS 106.220(1) (outlined above), he or she must obtain a court order of name change pursuant to ORS 33.140.] ITEM 23 AFFIDAVIT OF AGE – PARTY A

Type or print the Name and Address of the Affiant (the person providing the affidavit of proof of Party A’s age) if an affidavit of age is provided.

ITEM 24 AFFIDAVIT OF AGE – PARTY B

Type or print the Name and Address of the Affiant (the person providing the affidavit of proof of Party B’s age) if an affidavit of age is provided.

SIGNATURES OF PARTIES ITEM 25 PARTY A’s LEGAL SIGNATURE and DATE

Party A must sign his or her full legal name and date signed in black or dark blue ink.

ITEM 26 PARTY B LEGAL SIGNATURE and DATE

Party B must sign his or her full legal name and date signed in black or dark blue ink.

The signatures are legal items attesting that the information provided is correct and each party is entitled to marry under the laws of Oregon. The use of dark ink insures that the signatures will be legible on microfilmed images of the record.


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ITEMS 27-29 TO BE COMPLETED BY THE COUNTY CLERK ISSUING THE LICENSE

ITEMS 30-33 TO BE COMPLETED BY THE OFFICIANT ITEM 30a DATE OF MARRIAGE

Enter the full name of the month – January, February, March, etc. Do not use a number or abbreviation to designate the month. The date of marriage MUST fall within the “License Effective” and

“License Expires” dates. See Notes on these dates in the Instructions for the top portion of the form.

This is a legal item showing when the marriage actually occurred. The date of the marriage is important for legal rights and responsibilities. It is also used to confirm that the license was valid at the time of the ceremony. The date of marriage is used statistically to count the number of marriages that occur during a specified period of time. It may be used in combination with other items on the certificate for analysis of marriage trends and characteristics.

ITEM 30b WHERE MARRIED – CITY, TOWN OR LOCATION Enter the name of the city, town, or location in Oregon where the marriage ceremony took place.

ITEM 30c COUNTY Enter the name of the county in Oregon where the marriage ceremony took place.

This is a legal item that establishes whether the marriage was performed within Oregon. It may also be used for statistical analysis of marriage by place of occurrence. ITEM 31a SIGNATURE OF PERSON PERFORMING CEREMONY (OFFICIANT)

ITEM 31b TITLE Type or print the title (e.g., Reverend or Judge) of the officiant. The term “officiant” is usually a role and not an official title; however, if the authorizing organization designates Officiant as the true title of persons authorized to perform weddings, this title may be used.


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ITEM 31c PRINT NAME AND ADDRESS OF OFFICIANT (PERSON PERFORMING CEREMONY) Type or print the full name, mailing address, and phone number of the person performing the marriage ceremony.

This information is used if there is a need to contact the officiant regarding the record. ITEM 31d NAME AND ADDRESS OF THE AUTHORIZING RELIGIOUS

CONGREGATION OR ORGANIZATION OF OFFICIANT Type or print the full name, address, and phone number of the organization (religious or civil) of the person performing the marriage ceremony. The organization must be in existence at the time the marriage is solemnized. Internet addresses and mailing addresses such as PO Boxes are not acceptable.

ITEM 32-33 WITNESS NAME (PRINT) The names of the two witnesses to the ceremony should be printed in these spaces.

ITEMS 34-35 TO BE COMPLETED BY COUNTY OFFICIAL UPON RETURN OF APPLICATION, LICENSE AND RECORD OF MARRIAGE ITEM 34 SIGNATURE OF COUNTY OFFICIAL

The county clerk or other official responsible for accepting the record at the county should sign his or her full name in permanent black ink.

ITEM 35 DATE FILED BY COUNTY OFFICIAL (Month, Day, Year) The local official should enter the exact month, day, and year that the

marriage certificate was filed.

The signature of the local official and the date filed are legally required items that authenticate the certificate and prove that the certificate was properly filed within the time period specified by law.


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ORS 432.010 required statistical information: THE INFORMATION BELOW WILL NOT APPEAR ON THE CERTIFIED COPIES OF THE RECORD.

ORS 106.041 requires each applicant’s Social Security Number to be collected in a confidential portion of the record.

ITEM 36 PARTY A’s SOCIAL SECURITY NUMBER Type or print the Social Security number, or enter “None” or “Unknown” or “Refused”.

ITEM 37 PARTY B’s SOCIAL SECURITY NUMBER Type or print the Social Security number, or enter “None” or “Unknown” or

“Refused”. STATISTICAL PORTION The lower portion of the form contains statistical information which is not included in certified copies. This information (items 38 through 41b) is used for a wide range of research purposes. Enter “REFUSED” in each item that is not completed. ITEM 38 NUMBER OF THIS MARRIAGE (First, Second, etc., specify) ITEM 38a PARTY A ITEM 38b PARTY B

Enter the number of this marriage for Party A and for Party B.

If he or she has never been married prior to this marriage, enter “First”.

If he or she has been married prior to this marriage, enter the number of this marriage – “Second,” “Third,” etc.

This information is used to study how population growth and childbearing patterns are affected by disruption and resumption of marriage and to examine the trend of marriages by previous marital history. Number of this marriage has been shown to be related to age at marriage, stability of the marriage, and fertility of the couple.


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ITEM 39 IF PREVIOUSLY MARRIED, THE DATE AND REASON LAST

MARRIAGE ENDED

ITEM 39a BY DEATH, DIVORCE, DISSOLUTION OR ANNULMENT (SPECIFY BELOW) – PARTY A If Party A was previously married, enter death, dissolution, divorce, or annulment to describe the manner in which the last marriage ended. If never previously married, enter “Never Married”.

ITEM 39b DATE (Month, Day Year) Enter the exact month, day, and year that Party A’s last marriage (in ITEM 39a) ended. You may use the alpha abbreviation for the month. Do not use a number to designate the month.

Specify the date of the death of a previous spouse or the date when the last

dissolution, divorce, or annulment became final. If Party A was never previously married, leave this item blank.

ITEM 39c BY DEATH, DIVORCE, DISSOLUTION OR ANNULMENT

(SPECIFY BELOW) – PARTY B If Party B was previously married, enter death, dissolution, divorce, or annulment to describe the manner in which the last marriage ended. If never previously married, enter “Never Married”.

ITEM 39d DATE (Month, Day, Year)

Enter the exact month, day, and year that Party B’s last marriage (in ITEM 39a) ended. You may use the alpha abbreviation for the month. Do not use a number to designate the month.

Specify the date of the death of a previous spouse or the date when the last

divorce, dissolution, or annulment became final. If Party B was never previously married, leave this item blank.

Information from items 39a-d permits the study of the interval between the date of remarriage and the date of dissolution of the last marriage, by type of dissolution. It is used for constructing marriage “life tables,” which show the likelihood of widowhood, divorce, and remarriage after a given age. It is also used for planning by the Social Security Administration, by pension funds, and by the county clerk for determining whether the parties are free to marry.


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ITEM 40 RACE (American Indian, Black, White, etc.) OPTIONAL ITEM 40a PARTY A ITEM 40b PARTY B Enter the race of both Party A and Party B. For Asians and Pacific Islanders, enter the national origin, such as Chinese,

Japanese, Korean, Filipino, or Hawaiian. If Party A or Party B is of multiple races, enter the races or origins. Race is essential in producing marriage data for minority groups. It is used to study marriage patterns and childbearing experience for racial groups. Race is an important variable in studies of population growth and family formation. Marriage data by race are needed to ensure that all racial groups are adequately represented in detailed studies of family formation. ITEM 41 EDUCATION (Specify highest grade completed) Elementary/Secondary (0-12) or College (1-4 or 5+) ITEM 41a PARTY A ITEM 41b PARTY B Enter the highest number of years of regular schooling completed by Party A

and by Party B in either the space for elementary/secondary school or the space for college. An entry should be made in only one of the spaces for each party. The other space should be left blank. Report only those years of school that were completed.

A person who enrolls in college but does not complete one full year should

not be identified with any college education in this item. Count formal schooling only. Do not include beauty, barber, trade, business,

technical, or other special schools when determining the highest grade completed.

Education is an indicator of socioeconomic status and is used in combination with other items on the certificate to measure patterns and differences.


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Appendix A

Options for last name taken after marriage Oregon Application, License, and Record of Marriage

Effective June 7, 2013 Revised July 23, 2013

Oregon Revised Statute 106.220 has been amended to read: (1) Upon entering into marriage, either party may:

(a) Retain the party’s middle name, if any, and surname prior to the marriage; (b) Retain the party’s middle name, if any, and change the party’s surname to the surname of the other party; (c) Either retain or remove the party’s middle name, if any, and change the party’s surname to a combination of one or more of the surnames, or names within the surnames, of either or both parties, with or without a hyphen; (d) Change the party’s middle name, if any, to the party’s surname at birth or prior to the marriage; or (e) Add to the party’s middle name, if any, the party’s surname at birth or prior to the marriage and change the party’s surname to the surname of the other party.

(2) Each party must indicate on the application, license and record of marriage the party’s name after marriage. (3) The name of each party after marriage as indicated on the application, license and record of marriage shall become the sole legal name of each party after marriage. If a party indicates a name change other than as described in subsection (1) of this section, the party shall request approval of the court pursuant to ORS 33.410. (4) As used in this section, “middle name” and “surname” mean a name that may consist of one or more different names.


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Examples of Possible Combinations of Names *( ) indicates middle name may be retained or removed Single name in surname Party A’s pre-marriage name: Mary Ann Smith Party A’s surname at birth: Wilson Party B’s pre-marriage name: Mark Samuel Jones Party B’s surname at birth: Jones Party A’s name taken at marriage can only be one of the following: First Middle Surname (last name) ORS 106.220(1)

section Mary Ann Smith (a) Mary Ann Jones (b) Mary *(Ann) Smith Jones or Smith-Jones (c) Mary *(Ann) Jones Smith or Jones-Smith (c) Mary Wilson Smith (d) Mary Smith Smith (d) Mary Ann Wilson Jones (e) Mary Ann Smith Jones (e)

Party B’s name taken at marriage can only be one of the following: First Middle Surname (last name) ORS 106.220(1)

section Mark Samuel Jones (a) Mark Samuel Smith (b) Mark *(Samuel) Smith Jones or Smith-Jones (c) Mark *(Samuel) Jones Smith or Jones-Smith (c) Mark Jones Jones (d) Mark Samuel Jones Smith (e)


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More than one name in surnames *( ) indicates middle name may be retained or removed Party A’s pre-marriage name: Maria Alejandra Sanchez Garcia Party A’s surname at birth: Sanchez Garcia Party B’s pre-marriage name: Miguel Sergio Jimenez Gonzales Party A’s name taken at marriage can only be one of the following: First Middle Surname (last name) ORS 106.220(1)

section Maria Alejandra Sanchez Garcia (a) Maria Alejandra Jimenez Gonzales (b) Maria *(Alejandra) Sanchez Garcia Jimenez Gonzales or

Sanchez Garcia-Jimenez Gonzales (c)

Maria *(Alejandra) Jimenez Gonzales Sanchez Garcia or Jimenez Gonzales-Sanchez Garcia

(c)

Maria *(Alejandra) Garcia Gonzales or Garcia-Gonzales (c) Maria *(Alejandra) Gonzales Garcia or Gonzales-Garcia (c) Maria *(Alejandra) Garcia Jimenez or Garcia-Jimenez (c) Maria *(Alejandra) Jimenez Garcia or Jimenez-Garcia (c) Maria *(Alejandra) Sanchez Gonzales or Sanchez-

Gonzales (c)

Maria *(Alejandra) Gonzales Sanchez or Gonzales-Sanchez

(c)

Maria *(Alejandra) Sanchez Jimenez or Sanchez-Jimenez (c) Maria *(Alejandra) Jimenez Sanchez or Jimenez-Sanchez (c) Maria *(Alejandra) Sanchez Jimenez Gonzales or

Sanchez Jimenez-Gonzales (c)

Maria *(Alejandra) Garcia Jimenez Gonzales or Garcia Jimenez-Gonzales

(c)

Maria *(Alejandra) Sanchez Garcia Jimenez or Sanchez Garcia-Jimenez

(c)

Maria *(Alejandra) Sanchez Garcia Gonzales or Sanchez Garcia-Gonzales

(c)

Maria Sanchez Garcia Sanchez Garcia (d) Maria Alejandra

Sanchez Garcia Jimenez Gonzales (e)


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Party B’s name taken at marriage can only be one of the following: First Middle Surname (last name) ORS 106.220(1)

section Miguel Sergio Jimenez Gonzales (a) Miguel Sergio Sanchez Garcia (b) Miguel *(Sergio) Sanchez Garcia Jimenez Gonzales or

Sanchez Garcia-Jimenez Gonzales (c)

Miguel *(Sergio) Jimenez Gonzales Sanchez Garcia or Jimenez Gonzales-Sanchez Garcia

(c)

Miguel *(Sergio) Garcia Gonzales or Garcia-Gonzales (c) Miguel *(Sergio) Gonzales Garcia or Gonzales-Garcia (c) Miguel *(Sergio) Garcia Jimenez or Garcia-Jimenez (c) Miguel *(Sergio) Jimenez Garcia or Jimenez-Garcia (c) Miguel *(Sergio) Sanchez Gonzales or Sanchez-

Gonzales (c)

Miguel *(Sergio) Gonzales Sanchez or Gonzales-Sanchez

(c)

Miguel *(Sergio) Sanchez Jimenez or Sanchez-Jimenez (c) Miguel *(Sergio) Jimenez Sanchez or Jimenez-Sanchez (c) Miguel *(Sergio) Sanchez Jimenez Gonzales or

Sanchez Jimenez-Gonzales (c)

Miguel *(Sergio) Garcia Jimenez Gonzales or Garcia Jimenez-Gonzales

(c)

Miguel *(Sergio) Sanchez Garcia Jimenez or Sanchez Garcia-Jimenez

(c)

Miguel *(Sergio) Sanchez Garcia Gonzales or Sanchez Garcia-Gonzales

(c)

Miguel Jimenez Gonzales

Jimenez Gonzales (d)

Miguel Sergio Jimenez Gonzales

Sanchez Garcia (e)


Prepared by OHA, PHD, Center for Health Statistics 4/18/2014

FAQs: Same Sex Marriages (updated April 18, 2014)

We anticipate that sometime at the end of April or beginning of May 2014, same sex marriages will be legally allowed in Oregon. The following is a list of possible frequently asked questions.

When will the county marriage offices get the new forms if the Judge rules that same-sex marriages are legal in Oregon?

If Judge McShane rules that same-sex marriages are legal in Oregon, the State Registrar will immediately provide paper copies to county marriage offices and request that the electronic marriage form be made available.

Can the new marriage forms be used before the effective date set by the Judge?

No. The new form goes into effect on the date set by the Judge. If Judge McShane rules that same-sex marriages are legal in Oregon, the State Registrar will immediately provide paper copies to county marriage offices and request that the electronic marriage form be made available.

Can the county marriage offices continue to use the old forms?

Any marriage licenses issued prior to the effective date must be on the current Application, License and Record of Marriage form (45-4).

Marriage licenses issued on the old form (paper form revision date 01/12) by the county after the effective date set by the court will not be accepted by the Oregon Vital Records.

What are the major changes in the form?

There are two significant changes in the form Previously, applicants were either “bride” or “groom.” The new form designates “Party

A” and “Party B.” Applicants can choose whether they want to be identified as “bride,” “groom” or “spouse.”

The term “maiden name” will no longer be used. Instead, both applicants will state their “name at birth.”


Prepared by OHA, PHD, Center for Health Statistics 4/18/2014

Will Oregon Registered Domestic Partnerships (ORDP) still be an option? Yes. ORDPs are established in separate law and will continue to be an option for same sex couples until the law is changed. If partners currently in an ORDP want to get married (to the same person), can they? Yes. We anticipate that a dissolution of the ORDP will not be required if the partners want to be married. What if a person is currently in an ORDP and wants to marry someone other than their partner? Dissolution of the ORDP must occur before either partner could marry someone else. If a couple is legally married in another state, should they also get married in Oregon (to the same person)? No. Oregon already recognizes marriages between same sex couples occurring in states that allow same sex marriages. There is no benefit to being married (again) in Oregon. The new form has checkboxes for Bride, Groom, or Spouse. What is this for? Can it be left blank? The new form allows each party to decide what title they would like to use. These titles will not affect the marriage. These items can be left blank. What about the commemorative form? Is it going to be changed too? ORS 106.165 authorizes the county clerk to prescribe the commemorative marriage certificate. Each county clerk should determine what modifications are needed for the commemorative form. Multnomah County allowed same sex marriages in 2004 and those marriages were voided by court order. Will those marriages be reinstated (will those couples be considered legally married)? No, those marriages remain voided. Any couple would need to marry after the court decision recognizing same sex marriages to be considered legally married.


Documents

6:13-cv-01834 #110