2017 ORS 106.041¹
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 (Who may solemnize marriage) 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 (Proof of age), if required; and

(d) Each applicant’s name after marriage as provided in ORS 106.220 (Name upon entering into marriage).

(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 (Who may solemnize marriage) 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 (Proof of age) and 106.060 (Consent of parent or guardian if applicant under 18) 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]

Chapter 106

Notes of Decisions

Regula­tion of marriage is exclusively within province of state’s 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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 106, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano106.­html (2017) (last ac­cessed Mar. 30, 2018).
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.