106.041
Marriage license; application; record.
(1) All persons wishing to enter into a marriage contract shall obtain a
marriage license from the county clerk upon application, directed to any
person, religious organization or congregation, or secular organization,
authorized by ORS 106.120 to solemnize marriages, and authorizing the person,
religious organization or congregation, or secular organization, to join
together as spouses in a marriage the persons named in the license.
(2) The State
Registrar of the Center for Health Statistics shall provide a standard form of
the application, license and record of marriage to be used in this state that
must include:
(a) Each
applicant’s Social Security number recorded on a confidential portion of the
application, license and record of marriage;
(b) Certain
statistical data regarding age, place of birth, sex, occupation, residence and
previous marital status of each applicant;
(c) The name and
address of the affiant under ORS 106.050, if required; and
(d) Each
applicant’s name after marriage as provided in ORS 106.220.
(3) The form of
application, license and record provided by the state registrar under
subsection (2) of this section may not require an address for any religious
organization or congregation authorized by ORS 106.120 to solemnize marriages.
(4) Each
applicant for a marriage license shall file with the county clerk from whom the
marriage license is sought a written application for the license on forms
prescribed for this purpose by the Center for Health Statistics.
(5) A marriage
license must contain the following statement: “Neither you nor your spouse is
the property of the other. The laws of the State of Oregon affirm your right to
enter into marriage and at the same time to live within the marriage free from
violence and abuse.”
(6) An applicant
may not intentionally make a material false statement in the records required
by this section.
(7) The county
clerk may not issue a marriage license until the provisions of this section and
ORS 106.050 are complied with. [1953 c.143 §2; 1981 c.152 §1; 1993 c.324 §1;
1995 c.555 §4; 1999 c.80 §67; 2007 c.703 §1; 2015 c.629 §8; 2017 c.61 §2; 2017
c.466 §1; 2025 c.224 §2]
106.043 [1953 c.143 §2; 1971 c.282 §1;
repealed by 1981 c.152 §6]
Notes of Decisions
Cited in
7
cases, 1998–2014 · leading case:
Li v. State, 110 P.3d 91 (Or. 2005).
Li v. State, 110 P.3d 91 (Or. 2005).
· cites it 3× “For example, county clerks are charged with the responsibility of physically issuing the licenses, ORS 106.041, and collecting applicants’ licensing fees, ORS 106.”
Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014).
“010, ORS 106.041(1), and ORS 106.150(1) violate the Equal Protection Clause and are unenforceable to the extent that they would prohibit a person from marrying another person of the same gender, or would deny same-gender couples the right to marry with full and equal…”
Tanner v. Oregon Health Sciences Univ., 971 P.2d 435 (Or. Ct. App. 1998).
“010; ORS 106.041. No party raises, and we do not address, the constitutionality of prohibiting homosexual couples from marrying.”
Preure v. Benhadj-Djillali, 15 So. 3d 877 (Fla. 5th DCA 2009).
· cites it 2× “Or.Rev.Stat. § 106.041(1) (2003); see In re Wilmarth’s Estate, 27 Or.”
Belgarde v. Linn, 134 P.3d 1082 (Or. Ct. App. 2006).
“010 3 and ORS 106.041, 4 they had an obligation to reject applications for marriage licenses to same-sex *441 couples.”
Frazzini v. Myers, 189 P.3d 1227 (Or. 2008).
“(4) A county clerk shall accept the substitute address of the program participant as the address of the *660 applicant for the purpose of issuing a marriage license under ORS 106.041 [or registering a Declaration of Civil Union under section 6 of this 2007Act].”
Frazzini v. Myers (Or. 2008).
“(4) A county clerk shall accept the substitute address of the program participant as the address of the applicant for the purpose of issuing a marriage license under ORS 106.041 [ or registering a Declaration of Civil Union under section 6 of this 2007 Act ].”
— Or. Rev. Stat. § 106.041(1) — 3 cases
Li v. State, 110 P.3d 91 (Or. 2005).
“For example, county clerks are charged with the responsibility of physically issuing the licenses, ORS 106.041, and collecting applicants’ licensing fees, ORS 106.”
Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014).
“010, ORS 106.041(1), and ORS 106.150(1) violate the Equal Protection Clause and are unenforceable to the extent that they would prohibit a person from marrying another person of the same gender, or would deny same-gender couples the right to marry with full and equal…”
Preure v. Benhadj-Djillali, 15 So. 3d 877 (Fla. 5th DCA 2009).
“Or.Rev.Stat. § 106.041(1) (2003); see In re Wilmarth’s Estate, 27 Or.”
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