2015 ORS § 106.020¹

Prohibited and void marriages

The following marriages are prohibited; and, if solemnized within this state, are absolutely void:

(1) When either party thereto had a spouse living at the time of the marriage.

(2) When the parties thereto are first cousins or any nearer of kin to each other, whether of the whole or half blood, whether by blood or adoption, computing by the rules of the civil law, except that when the parties are first cousins by adoption only, the marriage is not prohibited or void. [Amended by 1989 c.647 §1; 2015 c.629 §7]

Notes of Decisions

Where appoint­ment of peti­tioner as per­sonal representative of decedents estate was challenged on ground that decedent was still married at time he married peti­tioner, validity of parties marriage was upheld where record did not show that first marriage was validly contracted. Davis v. Davis, 55 Or App 982, 640 P2d 692 (1982)

Chapter 106

Notes of Decisions

Regula­tion of marriage is exclusively within province of states legislative power. Li v. State of Oregon, 338 Or 376, 110 P3d 91 (2005)


1 Legislative Counsel Committee, CHAPTER 106—Marriage; Domestic Partnership, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors106.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 106, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano106.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.