Posted September 08, 2019 07:16:20The Oregon Court of Appeals has ruled that marriages performed in Oregon are legal, despite the fact that the state’s marriage code does not allow same-sex couples to wed.
The court’s decision was made Monday.
The court issued an opinion in which it ruled that the Oregon Constitution requires that marriages in Oregon be valid, but it also ruled that “the issue of whether marriage is between a man and a woman cannot be determined by reference to Oregon’s marriage statute.”
The Oregon Supreme Court heard oral arguments in the case Tuesday.
In a decision issued Tuesday, the court said the state constitution is clear on the issue of marriage and marriage between men and women, but “it does not address the issue” of whether a marriage is valid in Oregon.
The Oregon Constitution states: “No state shall recognize, sanction or give effect to marriages between persons of the same sex.”
The Supreme Court’s ruling comes a day after Oregon Gov.
Kate Brown vetoed legislation that would have given same-gender couples the same legal rights as heterosexual couples.
Brown also signed an executive order that would extend benefits to same-year same-day marriage couples.
In the opinion, the Supreme Court ruled that Oregon’s constitutional requirement “is not an impermissible restriction on the exercise of the fundamental rights protected by the Oregonian Constitution.”
The court said a marriage performed outside of the state “is valid under the provisions of the Oregon marriage code” because it is valid under “state law.”
In a written statement, the attorney general’s office said the ruling does not affect any state law that allows same- and opposite-sex marriages to be performed.
The state Supreme Court had also rejected a similar challenge in February.
The Associated Press contributed to this report.