The Oregon Supreme Court recently issued its long-awaited opinion on the validity of the issuance of approximately 3,000 marriage licenses to same-sex couples in Multnomah County, and held that all such marriages were void from the beginning. The licenses were originally issued to same-sex couples in March 2004. In November 2004, Oregon voters passed Measure 36 which amended the Oregon Constitution to define marriage as between one man and one woman.
On appeal from the circuit court, the Oregon Supreme Court concluded that: (1) as of the effective date of Measure 36, marriage in Oregon is limited to opposite-sex couples; (2) Oregon statutory law in existence before the effective date of Measure 36 also limits the right to obtain marriage licenses to opposite-sex couples; (3) marriage licenses issued to same-sex couples in Multnomah County in March 2004 were issued without authority and were void at the time that they were issued.
Impact on Private Employers
Over the last year, while state law on this issue was uncertain, Oregon private employers were advised to minimize their risks and consider adopting domestic partner policies that would allow all same-sex couples to receive the same benefits as "spouses" under employee benefit plans. The Oregon Supreme Court's latest ruling makes it clear that employers are not required to treat same-sex domestic partners as "spouses" with regard to benefits, though employers must still treat same-sex domestic partners like spouses under other statutes which require it, such as the Oregon Family Leave Act.
Of course, employers still maintain the option of extending benefits to same-sex domestic partners, and this may make sense in many circumstances. If the employer chooses to extend such benefits, the criteria and eligibility requirements should be clearly established and consistently applied. Employers are advised to review their policies and procedures regarding domestic partners to ensure that they accurately state employee rights, responsibilities, and eligibility requirements.
Impact on Public Employers
As a result of a 1998 Oregon Court of Appeals decision (Tanner v. Oregon Health Sciences University), Oregon public employers are required to treat eligible same-sex domestic partners like spouses for many employment purposes, including benefits. Thus, public employers must provide domestic partner benefits (to qualifying employees) if they also provide spouse benefits. The recent Oregon Supreme Court decision does not affect this requirement. Like private employers, public employers are also advised to review their policies and procedures regarding domestic partners to ensure that they accurately state employee rights, responsibilities, and eligibility requirements.
If you have any questions on how the recent ruling on same-sex marriage impacts your workplace, please contact Chrys Martin (503.499.4420), Nancy Cooper (503.499.4424), or Jeff Robertson (503.499.4686).