Or. Admin. Code § 836-010-0150 - Marriage of Same-Gender Couple Validly Performed

(1) This rule is adopted under the general rulemaking authority of the Director of the Department of Consumer and Business Services in ORS 731.244 to comply with the United States Supreme Court decision in United States v. Windsor, 570 U.S. 12 (2013) and Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19, 2014).

(2) Any person or entity subject to regulation by the Department of Consumer and Business Services under the Insurance Code, must consider the marriage of a same-sex couple validly performed the same as the person or entity considers any other marriage validly performed.

(3) This rule applies to any action or activity related to the transaction of insurance in Oregon.

(4) Any privilege, immunity, right or benefit granted under the Insurance Code to an individual because the individual is or was married to an individual of the opposite sex, is granted on equivalent terms, substantive and procedural, to an individual who is or was a partner in a marriage of a same-sex couple validly performed.

Notes

Or. Admin. Code § 836-010-0150

ID 11-2014, f. & cert. ef. 7-17-14

Stat. Auth.: ORS 731.244

Stat. Implemented: ORS 731.008, 731.016 & 731.236

Other Auth.: SCOTUS Decision in United States v. Windsor, 570 U.S. 12 (2013); Letter of Advice from Oregon Attorney General dated October 16, 2013; Geiger v. Kitzhaber, No. 6: 13-cv-01834-MC (D. Or. May 19, 2014).