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Oregon Marriage Decision Has Impact on Employers

By Thomas I. Kramer
August 30, 2005

On April 14, 2005, the Oregon Supreme Court held in Li and Kennedy v. Oregon that the roughly 3000 marriage licenses issued to same-sex couples by Multnomah County are not valid. The Supreme Court's decision may change the obligations and opportunities for employers, de-pending on the nature of the employer and the decisions the employer has previously made regarding whether or not to treat certain partners of employees as if they were spouses.

Oregon Public-Sector Employers

In December 1998, the Oregon Court of Appeals decided Tanner v. Oregon Health Sciences University, holding that Oregon public employers must treat certain same-sex domestic partners like spouses for many employment purposes. In accordance with that decision, which is not affected by the Li and Kennedy decision, Oregon public employers have permitted their eligible employees to enroll qualifying same-sex domestic partners in employee benefit plans as if they were spouses. Some such employers have even extended benefits to opposite-sex domestic partners, though that probably is not required by law.

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