106.150 Form
of solemnization; witnesses; solemnization before organization. (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 person, religious organization or
congregation, or secular organization, authorized to solemnize marriages under
ORS 106.120, and in the presence of at least two witnesses, that they take each
other to be spouses in a marriage.
(2) All
marriages, to which there are no legal impediments, solemnized before or in any
religious organization or congregation, or secular organization, authorized to
solemnize marriages, according to the established ritual or form commonly
practiced therein, are valid. In such case, the person presiding, officiating
or celebrating in the religious organization or congregation, or secular
organization, shall deliver to the county clerk who issued the marriage license
the application, license and record of marriage in accordance with ORS 106.170.
[Amended by 1979 c.724 §5; 2001 c.501 §2; 2007 c.703 §3; 2015 c.629 §9; 2017
c.61 §4]
Notes of Decisions
Cited in
6
cases, 1964–2014 · leading case:
State v. Anderson, 396 P.2d 558 (Or. 1964).
State v. Anderson, 396 P.2d 558 (Or. 1964).
· cites it 22× “150 deals with the form of solemnization necessary to constitute a valid marriage: "(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 minister or judicial officer solemnizing the…”
Li v. State, 110 P.3d 91 (Or. 2005).
· cites it 3× “That statute provides: “Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.” Although the phrase “entered into in person by males * *…”
Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014).
“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 recognition, attendant…”
Shineovich & Kemp, 214 P.3d 29 (Or. Ct. App. 2009).
“010 defines the term as “a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.” See also Webster’s at 1384 (defining “marriage” in pertinent part…”
Weseman v. Weseman, 626 P.2d 942 (Or. Ct. App. 1981).
“A former spouse may well choose, for his or her next living arrangment, a situation which resembles marriage but does not conform to the legal requirements of ORS 106.150. To allow this defendant and her new domestic associate (see Smith v.”
— Or. Rev. Stat. § 106.150(1) — 2 cases
Li v. State, 110 P.3d 91 (Or. 2005).
“That statute provides: “Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.” Although the phrase “entered into in person by males * *…”
Geiger v. Kitzhaber, 994 F. Supp. 2d 1128 (D. Or. 2014).
“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 recognition, attendant…”
— Or. Rev. Stat. § 106.150(2) — 1 case
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