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Same-Sex Marriages Legalized Outside of Oregon Obtain Benefits

Or Recognizes Out-of-State Gay Marriages

In a memo sent to state agencies on October 16, state Chief Operating Officer Michael Jordan said same-sex couples married in places where it’s legal are instantly eligible for the same benefits as various other heterosexual couples. Said Matt Shelby, spokesman for the Department of Administrative Services, “it’s pretty wide- varying if you think about all the places where a married couple could interact with a state company. Whether it is income taxes or filing a company or the other multitude of places where a married couple would have some rights or responsibilities, this decision be applied in several other states with constitutional bans. ”

Jordan wished the opinion because the U. Ersus. Supreme Court decision last 06 invalidated portions of the Defense associated with Marriage Act. This meant that will federal agencies operating in Or could be dealing with same-sex couples in a different way than state agencies. For example , The Internal Revenue Service determined that legitimately married gay couples can document joint federal tax returns even if they live in states that do not acknowledge such unions. The Labor Department states that same-sex couples possess the same federal rights as heterosexual couples when it comes to employee benefits like pensions and 401Ks.

State Department of Justice’s Viewpoint

Jordan made the decision depending on a legal opnion from the Oregon Department of Justice. The Department associated with Justice reviewed the potential impact associated with federal decisions on Oregon state agencies: the administering of state programs.

Deputy Attorney General Mary H. Williams had written the state DOJ opinion and explains how Oregon courts have consistenly recognized valid out-of-state marriages, even when the marriage could not be performed here, such as common-law marriage. Williams said that “prohibiting out-of-state gay marriages would likely violate the federal constitution. Or law must still pass muster under the federal constitution. ”

The Department of Justice decided that” Oregon can no longer choose to recognize out- of -state relationships from heterosexual couples while refusing to recognize those from same-sex married couples. “If an Oregon court interpreted our constitution so as to prohibit acknowledgement of out-of-state marriages, we think the court would find that provisions violates the federal constitutions equivalent principles, ” according to Williams’s opnions.

“We cannont recognize any defensible state interest, a lot less a legitimate or compelling one, within refusing to recognize marriages performed among consenting, unrelated adults under the laws and regulations of another state. ”

Future of Oregon Relationship

Presently, Oregon regulation bans same-sex marriage. The state cosmetic was amended in 2004 by voters to define marriage as being a union between one man and something woman.

A May poll in Oregan found that the plurality of Oregon voters are ready to vote for same-sex marriage. Active supporters and workers are collecting signatures necesarry for the ballot initiative to repeal the amendment.

As in other claims that do not have same—sex marriage, two gay couples filed suit this past week challenging the ban’s constitutionality.

The post Same-Sex Marriages Legalized Outside of Oregon Obtain Benefits appeared first on Gay Agenda.

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