QUESTIONS & ANSWERS ON CONSTITUTIONAL AMENDMENT 36

Here are some frequently asked questions about same-sex marriage and Constitutional Amendment 36. We hope this will help you talk to friends, family and co-workers about the importance of voting “No” on Amendment 36.

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Q: Why should Oregon voters vote No on Constitutional Amendment 36? 

A: Constitutional Amendment 36 might seem simple, but it goes beyond banning gay marriage. It hurts real people by putting unequal treatment for gays and lesbians into our Constitution. Do we really want to deny thousands of Oregon children and families the benefits of health insurance, fair inheritance and the ability to make life-saving medical decisions? We may disagree about social issues such as marriage but those disagreements do not belong in our Constitution. Vote NO on Constitutional Amendment 36.

Q: What makes you think this campaign is winnable? No other state has been able to stop this. 

A: While other states have passed divisive amendments similar to Amendment 36, things are different here in Oregon. We have defeated three previous anti-gay ballot measures: Measure 9 in 1992, Measure 13 in 1994 and Measure 9 (again) in 2000.  Recent polling shows this is a very close race. We know that the more we talk to voters about the real harms of Constitutional Amendment 36, the more likely they will vote “No”—which is exactly why we need your help to talk about this issue with undecided voters. 

 Q. I think we should leave marriage alone and just push for civil unions. 

A. Civil unions, even at their best, do not provide the same broad recognition in law as marriage. A civil union might not cover many of the things married couples take for granted. For example, if a married couple moves to another state, they are still married, but only one state (Vermont) currently recognizes civil unions. 

Measure 36 would not create civil unions in Oregon and most political observers think it is extremely unlikely that both houses of the Oregon Legislature would approve a civil union law. The sponsors of Amendment 36 are opposed to civil unions. Defeating Measure 36 would allow the conversation about civil unions and marriage to continue in Oregon. Approving Amendment 36 would put unequal treatment in our Constitution and prevent thoughtful consideration of these issues. 

Q. This isn’t really discrimination because same-sex couples can get everything they need from legal contracts, right?

A. There are times when legal contracts can protect families in times of crisis, but even the most ironclad documents don’t work in every case. Many of the legal benefits and responsibilities of marriage flow from state laws and cannot be provided by agreements between two partners. For example, if a spouse is killed by a drunk driver, Oregon law allows the surviving spouse to sue for wrongful death. No contract or other agreement can give that right to an unmarried partner.

Q. Is it true that emergency medical care could be jeopardized without legal recognition of same-sex couples?

A. Yes. For example, doctors often need approval from next of kin to administer life-saving therapies if the patient is unconscious, such as a stroke victim. New drug therapies can greatly improve the survival chances of a stroke victim if provided within the first few hours of treatment. A spouse can give that approval, but an unmarried partner can’t—unless he or she has proof they have been designated by their partner to make health care decisions in an emergency.

Q: Same-sex couples can’t marry in Oregon now, so if this passes it won’t really change anything, right?

A: Constitutional Amendment 36 does change the Oregon Constitution to say that it is OK to treat gay and lesbian Oregonians unequally. If Amendment 36 is defeated, all Oregonians will continue to be guaranteed equal treatment under the law. This amendment will hurt real Oregonians in real ways. 

Q: What would this Constitutional Amendment do to the same-sex couples already married in Oregon?

A: We don’t know for sure; the marriages could be invalidated. We do know that if Constitutional Amendment 36 passes, gay and lesbian couples will be locked out of critical protections like health care coverage (or access), pension and property rights and the ability to make lifesaving medical decisions for a loved one.  

 Q. I think marriage is between a man and a woman. Voting Yes is the only way I can support that. 

A. Oregonians may disagree about social issues such as marriage. But, social disagreements don’t belong in our Constitution. You do not have to approve of same-sex marriage to vote no.

Q. Will my church have to perform gay weddings if Constitutional Amendment 36 is defeated?

A. Definitely not. No church will have to perform any ceremony outside its tradition, regardless of whether Measure 36 is defeated. 

Q. I’m angry that the public wasn’t more involved before Multnomah County began issuing marriage licenses. I’m voting Yes just to teach the Commissioners a lesson. 

A. Many people have strong feelings about the process Multnomah County used to issue marriage licenses. Even if you disagree about the process, we shouldn’t approve a constitutional amendment that will require unequal treatment under the law for gay and lesbian Oregonians and their families.

Q. If we don’t draw the line now, where and when will we draw it? What will we allow next? 

A. Voting “No” on Constitutional Amendment 36 will not change marriage in Oregon. Under the law, marriage is a civil contract and a personal commitment between two adults who agree to share love, commitment and responsibility for the rest of their lives.