Friday, October 18, 2013
PORTLAND (AP) — Although it’s still not legal for same-sex couples to marry in Oregon, the state is now recognizing the marriages of those who tie the knot in another state or country.
State Chief Operating Officer Michael Jordan said in a memo to agencies that same-sex couples married in places where it is legal are immediately eligible for the same benefits as other married couples.
Jordan’s decision was based on a legal opinion from the Oregon Department of Justice.
The opinion was sought by Jordan because the U.S. Supreme Court decision that invalidated portions of the Defense of Marriage Act meant federal agencies operating in Oregon could be dealing with same-sex couples differently than state agencies.
An state initiative to overturn the gay marriage ban is a virtual lock to be on the 2014 ballot.
The Internal Revenue Service, for example, determined that legally married same-sex couples can file joint federal tax returns even if they lives in states that do not recognize such unions. And the Labor Department said same-sex couples have the same federal rights as heterosexual couples when it comes to employee benefits such as pensions and 401(k)s.
The state DOJ opinion written by Deputy Attorney General Mary H. Williams describes how Oregon courts have consistently recognized valid out-of-state marriages, even when the marriage could not be performed here, such as a common-law marriage. Moreover, she said prohibiting out-of-state gay marriages would likely violate the federal constitution.
“We cannot identify any defensible state interest, much less a legitimate or compelling one, in refusing to recognize marriages performed between consenting, unrelated adults under the laws of another state,” Williams wrote.
State officials do not have an estimate for how many same-sex couples married in other states reside in Oregon. Gay marriage is legal in neighboring California and Washington.
Oregon voters decided in 2004 to amend the state constitution to define marriage as a union between one man and one woman. An initiative to overturn the ban is a virtual lock to be on the 2014 ballot.