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Oregon Ballot Measure 36 (2004)
Encyclopedia
Ballot Measure 36 was a 2004 initiative
in the U.S. state
of Oregon
. It amended the Oregon Constitution
to define marriage
as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against (57% to 43%) in the November 2, 2004 general election
.
It is one of a number of U.S. state constitutional amendments banning same-sex unions.
brought by the Defense of Marriage Coalition, a group dedicated to "preserving marriage as a union only between one man and one woman." The group was formed in reaction to same-sex marriages performed in Multnomah County
and Benton County
after their respective county commission
s interpreted the Oregon Constitution and Oregon law as authorizing the issuing of marriage licenses to same-sex couples. Supporters of the measure, in addition to opposing same-sex marriage on principle, were also angry by the controversial means by which the Multnomah County Commission had come to its decision: no public hearings were held before the commission voted to allow the marriages and one of the commissioners, Lonnie Roberts, was not informed of the move until after the other commissioners began issuing licenses. Roberts criticized the "clandestine way" that the decision was made and speculated that he had not been included in the discussion because the other commissioners knew that he wouldn't support their decision. Supporters also wanted to prevent the state courts from coming to the same conclusion as the county commissions--that the state constitution and law required the government to license same-sex marriage--before several standing civil rights
lawsuits on the issue could be resolved.
Basic Rights Oregon
led the campaign against Measure 36. Opponents of the measure made several arguments. Many were supporters of same-sex marriage. In addition, some argued that regardless of voters' feelings on same-sex marriage, the state constitution was an inappropriate place to dictate marriage policy, which should have been statutory. Opponents also argued that the measure added discriminatory
language to the state constitution, which, they predicted, would later be seen in the same negative light as earlier constitutional language against African American
s. They also feared that the measure could be used as a legal basis for denying benefits to same-sex couples which are automatically granted to heterosexual married couples.
church organist
, wrote satirical
arguments on several Oregon ballot measures, including Measure 36. Moore's arguments, ostensibly in favor of the measure, were printed in the official voters' pamphlet. For example, reacting to some supporters' claims that the purpose of marriage is for procreation, he argues that "couples who fail to conceive within two years ought to have their marriage licenses revoked." Measure 36 supporters criticized the placement of Moore's arguments in the "Arguments in Favor" section of the pamphlet, but the Oregon Secretary of State
's Office countered they had no choice under the law but to print his arguments as specified.
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
. It amended the Oregon Constitution
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
to define marriage
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
as a union of one man and one woman. The initiative passed with 1,028,546 votes in favor, and 787,556 votes against (57% to 43%) in the November 2, 2004 general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
.
It is one of a number of U.S. state constitutional amendments banning same-sex unions.
Results
Amendment to Constitution
Measure 36 added the following text to Article 15 of the Oregon Constitution, as Section 5a:Political context
The measure was placed on the ballot through an initiative petitionInitiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
brought by the Defense of Marriage Coalition, a group dedicated to "preserving marriage as a union only between one man and one woman." The group was formed in reaction to same-sex marriages performed in Multnomah County
Multnomah County, Oregon
Multnomah County is one of 36 counties in the U.S. state of Oregon. Though smallest in area, it is the most populous as its county seat, Portland, is the state's largest city...
and Benton County
Benton County, Oregon
-National protected areas:*Siuslaw National Forest *William L. Finley National Wildlife Refuge-Demographics:As of the census of 2000, there were 78,153 people, 30,145 households, and 18,237 families residing in the county. The population density was 116 people per square mile . There were 31,980...
after their respective county commission
County commission
A county commission is a group of elected officials charged with administering the county government in local government in some states of the United States. County commissions are usually made up of three or more individuals...
s interpreted the Oregon Constitution and Oregon law as authorizing the issuing of marriage licenses to same-sex couples. Supporters of the measure, in addition to opposing same-sex marriage on principle, were also angry by the controversial means by which the Multnomah County Commission had come to its decision: no public hearings were held before the commission voted to allow the marriages and one of the commissioners, Lonnie Roberts, was not informed of the move until after the other commissioners began issuing licenses. Roberts criticized the "clandestine way" that the decision was made and speculated that he had not been included in the discussion because the other commissioners knew that he wouldn't support their decision. Supporters also wanted to prevent the state courts from coming to the same conclusion as the county commissions--that the state constitution and law required the government to license same-sex marriage--before several standing civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
lawsuits on the issue could be resolved.
Basic Rights Oregon
Basic Rights Oregon
Basic Rights Oregon is an American nonprofit gay rights organization based in Portland, Oregon. It is the largest advocacy, education, and political organization working in Oregon to end discrimination based on sexual orientation and gender identity. BRO has twelve full-time staff, a contract...
led the campaign against Measure 36. Opponents of the measure made several arguments. Many were supporters of same-sex marriage. In addition, some argued that regardless of voters' feelings on same-sex marriage, the state constitution was an inappropriate place to dictate marriage policy, which should have been statutory. Opponents also argued that the measure added discriminatory
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
language to the state constitution, which, they predicted, would later be seen in the same negative light as earlier constitutional language against African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
s. They also feared that the measure could be used as a legal basis for denying benefits to same-sex couples which are automatically granted to heterosexual married couples.
Satirical arguments
M. Dennis Moore, a PortlandPortland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
church organist
Organist
An organist is a musician who plays any type of organ. An organist may play solo organ works, play with an ensemble or orchestra, or accompany one or more singers or instrumental soloists...
, wrote satirical
Satire
Satire is primarily a literary genre or form, although in practice it can also be found in the graphic and performing arts. In satire, vices, follies, abuses, and shortcomings are held up to ridicule, ideally with the intent of shaming individuals, and society itself, into improvement...
arguments on several Oregon ballot measures, including Measure 36. Moore's arguments, ostensibly in favor of the measure, were printed in the official voters' pamphlet. For example, reacting to some supporters' claims that the purpose of marriage is for procreation, he argues that "couples who fail to conceive within two years ought to have their marriage licenses revoked." Measure 36 supporters criticized the placement of Moore's arguments in the "Arguments in Favor" section of the pamphlet, but the Oregon Secretary of State
Oregon Secretary of State
The Secretary of State of Oregon, an elected constitutional officer within the executive branch of government of the U.S. state of Oregon, is first in line of succession to the Governor. The duties of office are: auditor of public accounts, chief elections officer, and administrator of public...
's Office countered they had no choice under the law but to print his arguments as specified.
See also
- Same-sex marriage in Oregon
- List of Oregon ballot measures
- Same-sex marriage in the United StatesSame-sex marriage in the United StatesThe federal government does not recognize same-sex marriage in the United States, but such marriages are recognized by some individual states. The lack of federal recognition was codified in 1996 by the Defense of Marriage Act, before Massachusetts became the first state to grant marriage licenses...
- Same-sex marriage legislation in the United StatesSame-sex marriage legislation in the United StatesIn response to court action in a number of states, the United States federal government and a number of state legislatures passed or attempted to pass legislation either prohibiting or allowing same-sex marriage or other types of same-sex unions.-Federal level:...
- Same-sex marriage in the United States by state
- Same-sex marriage in the United States public opinionSame-sex marriage in the United States public opinionPublic opinion on same-sex marriage in the United States has been tracked by polling data for well over a decade. As of the year 2010, polls provide differing answers to the question of how the majority of Americans view same-sex marriage, although it is clear that support for same-sex marriage...
- Same-sex marriage status in the United States by stateSame-sex marriage status in the United States by stateSame-sex unions have been on the political radar in the United States since the Hawaii Supreme Court ruled in 1993 that denying licenses to same-sex partners violated the Hawaii constitution unless there is a "compelling state interest." Since Massachusetts became the first state to legalize...
- List of benefits of marriage in the United States
- Defense of Marriage ActDefense of Marriage ActThe Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
- Marriage Protection ActMarriage Protection ActThe Marriage Protection Act is a bill in the United States Congress to amend the federal judicial code to deny federal courts jurisdiction to hear or decide any question pertaining to the interpretation of the Defense of Marriage Act or the MPA...
- Federal Marriage AmendmentFederal Marriage AmendmentThe Federal Marriage Amendment H.J. Res. 56 was a proposed amendment to the United States Constitution which would have limited marriage in the United States to unions of one man and one woman...
- Domestic partnerships in the United StatesDomestic partnerships in the United StatesIn the United States of America, domestic partnership is a city-, county-, state-, or employer-recognized status that may be available to same-sex couples and, sometimes, opposite-sex couples. Although similar to marriage, a domestic partnership does not confer any of the 1,138 rights afforded to...
- Freedom to Marry CoalitionFreedom to MarryFreedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
- History of civil marriage in the U.S.History of civil marriage in the U.S.Many laws in the history of the United States have addressed marriage and the rights of married people. Common themes addressed by these laws include polygamy, interracial marriage, divorce, and same-sex marriage.-1800–1899:...
- Lon Mabon
- Karen MinnisKaren MinnisKaren Minnis is a Oregon Republican politician in United States. She was a member of the Oregon House of Representatives from 1998 to 2009, and served as Speaker of the House from 2003 to 2006.-Early life:...
External links
- Oregon Voter's Guide page for Measure 36--includes ballot titleBallot titleA ballot title is the official, short, summary of a ballot measure that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do...
, text of the measure, and arguments for and against (including satirical arguments) - Oregon Department of Justice page devoted to same-sex marriage