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Oregon State Agencies are Now Required to Recognize Out of State Same Sex Marriages

In October 2013, the Oregon Department of Justice (“DOJ”) issued a decision to allow State agencies to recognize out of state same sex marriages. (See my previous blog posting on October 8). Now, effective January 1, 2014, a new Oregon Administrative Rule requires all State agencies to recognize same sex marriages validly performed in other jurisdictions. OAR 105-010-0018. This rule follows the reasoning of the DOJ’s decision that the state must recognize those same-sex marriages in order to comport with the United States Constitution. The rule expires on June 30, 2014 and is intended to give agencies time to adopt specific rules and procedures implementing this mandate prior to the expiration date. We expect to see agencies come out with their new rules and procedures over the next six months, which should provide more clarity for same-sex couples in Oregon.