Arris Erne Hristensen: Plaintiffs

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
roger@hbclawyers.com

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
jeastman@chapman.edu

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

DECLARATION OF JOHN C. EASTMAN IN SUPPORT OF MOTION TO INTERVENE - 2

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 NOMs 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 Oregons 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 NOMs 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 Oregons marriage law but was concerned about
the risk of harassment, and who would welcome NOMs 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
NOMs 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:jennifer.a.woodward@state.or.us]
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, Oregons attorney general announced that the Department of Justice will not defend Oregons 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 Oregons counties (34 of 36) use an electronic version of the marriage form. Oregons 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
Case 6:13-cv-01834-MC Document 110-1 Filed 05/09/14 Page 2 of 2 Page ID#: 1257

From: Woodward Jennifer A [mailto:jennifer.a.woodward@state.or.us]
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 Generals 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
Oregon Public Health Division
800 NE Oregon St., Suite 225
Portland, OR 97232
971-673-1185
971-673-1201 fax

Case 6:13-cv-01834-MC Document 110-2 Filed 05/09/14 Page 1 of 30 Page ID#:
1258
Exhibit B
Page 1 of 30

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

INSTRUCTIONS FOR OFFICIANTS

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

1259
Exhibit B
Page 2 of 30
2 of 6
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.

1260
Exhibit B
Page 3 of 30
3 of 6

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.
1261
Exhibit B
Page 4 of 30
4 of 6
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 clerks office; or
(C) More than a minimal amount of staff time or other court or county clerks 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 officers or county clerks normal working hours.
(6) The charging and accepting of a personal payment by a judicial officer of this state
1262
Exhibit B
Page 5 of 30
5 of 6
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 officers or county clerks 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.
1263
Exhibit B
Page 6 of 30
6 of 6

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.

1264
Exhibit B
Page 7 of 30

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

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

1265
Exhibit B
Page 8 of 30
2 of 21
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.
1266
Exhibit B
Page 9 of 30
3 of 21
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.

1267
Exhibit B
Page 10 of 30
4 of 21
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.


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.

1268
Exhibit B
Page 11 of 30
5 of 21
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

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

ITEM 4 AGE
Enter Party As 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 As marital status prior to the current marriage (Single,
Widowed, or Divorced).

ITEM 8a FATHERS NAME (First, Middle, Legal Surname prior to 1
st

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 fathers first marriage,
1269
Exhibit B
Page 12 of 30
6 of 21
which is generally the last name on the fathers birth certificate. Do not
abbreviate.


The fathers 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 As parentage and to
provide information for genealogical purposes.

ITEM 8b BIRTHPLACE (State or Foreign Country) of Party As 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.


The birthplace of parents is used for identification and genealogical purposes.

ITEM 9a MOTHERS 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 mothers first marriage,
which is generally the last name on the mothers 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 mothers name is used for identification. The item can be used to establish Party As
parentage and to provide information for genealogical purposes.

1270
Exhibit B
Page 13 of 30
7 of 21
ITEM 9b BIRTHPLACE (State or Foreign Country) of Party As 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

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.



ITEM 10a PARTY As 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 As 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 As place of residence.

Party As 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.

1271
Exhibit B
Page 14 of 30
8 of 21
ITEM 11 PARTY As 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 Bs 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.


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.


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.
1272
Exhibit B
Page 15 of 30
9 of 21

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

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

ITEM 15 AGE
Enter Party Bs 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 Bs marital status prior to the current marriage (Single,
Widowed, or Divorced).
1273
Exhibit B
Page 16 of 30
10 of 21
ITEM 19a FATHERS 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 fathers first marriage,
which is generally the last name on the fathers birth certificate. Do not
abbreviate.


The fathers 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 Bs parentage and to
provide information for genealogical purposes.

ITEM 19b BIRTHPLACE (State or Foreign Country) of Party Bs 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

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.



ITEM 20a MOTHERS 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 mothers first marriage,
which is generally the last name on the mothers 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.

1274
Exhibit B
Page 17 of 30
11 of 21
The mothers name is used for identification. The item can be used to establish Party Bs
parentage and to provide information for genealogical purposes.

ITEM 20b BIRTHPLACE (State or Foreign Country) of Party Bs 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

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.



ITEM 21a PARTY Bs 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 Bs 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 Bs place of residence.

Party Bs 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.
1275
Exhibit B
Page 18 of 30
12 of 21

ITEM 22 PARTY Bs 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 As 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 As 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 Bs age) if an affidavit of age is provided.

SIGNATURES OF PARTIES

ITEM 25 PARTY As 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.

1276
Exhibit B
Page 19 of 30
13 of 21
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.

1277
Exhibit B
Page 20 of 30
14 of 21
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.

1278
Exhibit B
Page 21 of 30
15 of 21
ORS 432.010 required statistical information: THE INFORMATION BELOW WILL
NOT APPEAR ON THE CERTIFIED COPIES OF THE RECORD.

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

ITEM 36 PARTY As SOCIAL SECURITY NUMBER
Type or print the Social Security number, or enter None or Unknown or
Refused.

ITEM 37 PARTY Bs 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.

1279
Exhibit B
Page 22 of 30
16 of 21

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 As 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 Bs 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.
1280
Exhibit B
Page 23 of 30
17 of 21

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.
1281
Exhibit B
Page 24 of 30
18 of 21
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 partys middle name, if any, and surname prior to the marriage;
(b) Retain the partys middle name, if any, and change the partys surname to
the surname of the other party;
(c) Either retain or remove the partys middle name, if any, and change the partys
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 partys middle name, if any, to the partys surname at birth or prior
to the marriage; or
(e) Add to the partys middle name, if any, the partys surname at birth or prior to
the marriage and change the partys surname to the surname of the other party.
(2) Each party must indicate on the application, license and record of marriage the
partys 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.
1282
Exhibit B
Page 25 of 30
19 of 21
Examples of Possible Combinations of Names
*( ) indicates middle name may be retained or removed

Single name in surname

Party As pre-marriage name: Mary Ann Smith
Party As surname at birth: Wilson

Party Bs pre-marriage name: Mark Samuel Jones
Party Bs surname at birth: Jones

Party As 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 Bs name taken at marriage can only be one of the following:
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)

1283
Exhibit B
Page 26 of 30
20 of 21
More than one name in surnames
*( ) indicates middle name may be retained or removed

Party As pre-marriage name: Maria Alejandra Sanchez Garcia
Party As surname at birth: Sanchez Garcia
Party Bs pre-marriage name: Miguel Sergio Jimenez Gonzales

Party As name taken at marriage can only be one of the following:
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)

1284
Exhibit B
Page 27 of 30
21 of 21
Party Bs name taken at marriage can only be one of the following:
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)

1285
Exhibit B
Page 28 of 30
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.
1286
Exhibit B
Page 29 of 30
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.
1287
Exhibit B
Page 30 of 30

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DECLARATION OF JOHN C.

EASTMAN IN SUPPORT OF MOTION TO INTERVENE - 1

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