In March, Multnomah County, Oregon began issuing marriage licenses to 3,000 same-sex couples. A legal battle followed when some state officials refused to register those county licenses. Plaintiffs Mary Li and Rebecca Kennedy and others sued the state for recognition of their marriages, and a lower court ruled in favor of allowing them. In the meantime, Oregon voters on November 2, 2004 passed a ballot initiative to ban same-sex marriage. Known as “Measure 36,” it won by a margin of 57% to 43%.

The Oregon Supreme Court heard oral argument in the case of Li v. Oregon to determine if “Measure 36” invalidates the case and whether the lower court was wrong to order recognition of same-sex marriages in the state.