2015 ORS 106.100¹
County clerk’s records

(1) The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county. The records must include the names of the parties before and after marriage, the consent of the parent or guardian, if any, the name of the affiant, the substance of the affidavit upon which the license was issued and the date of the license.

(2) Upon return of the completed application, license and record of marriage under ORS 106.170 (Report of marriage to county clerk), the county clerk shall add the date of the marriage ceremony to the clerk’s records maintained under subsection (1) of this section and file the completed application, license and record of marriage. Except as provided in ORS 205.320 (Fees collected by county clerk), the county clerk may not charge a fee for filing, recording or indexing the application, license and record of marriage.

(3) The county clerk shall, upon completion of the requirements of this section and ORS 106.077 (Issuance of marriage license), deliver the original completed application, license and report of marriage to the Center for Health Statistics as required under ORS 432.173 (Mandatory submission and registration of reports of marriage and reports of domestic partnership).

(4) Notwithstanding any other provision of law, the record of marriage maintained by a county clerk is not a vital record as defined in ORS 432.005 (Definitions) and is a public record open and subject to full disclosure. [Amended by 2007 c.703 §2; 2013 c.341 §2; 2013 c.366 §54]

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 (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.