In an Oregon gay marriage case heard by the Oregon Supreme Court last year, the question before the court was whether 3000 marriage licenses issued to same-sex couples in Multnomah County were valid.
The court found in part:
"... the marriage licenses that the county issued to same-sex couples were issued without authority and, as such, were void ab initio. The trial court erred in not so holding.
In summary, we conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court.
The judgment of the circuit court is reversed, and the case is remanded to the circuit court with instructions to dismiss the action..."
See: http://www.publications.ojd.state.or.us/S51612.htm