Make the Second Witness Optional.
Oregon law currently requires at least two witnesses to solemnize a marriage. We’re asking the Oregon Legislature to modernize ORS 106.150 by changing the minimum requirement from two witnesses to one.
One witness preserves the safeguard and gives couples more choice.
A Small Change to Oregon Law.
Amend ORS 106.150 so that a marriage may be solemnized in the presence of at least one witness rather than at least two. Couples who want a second witness could still have one. The second witness would simply become optional.
“…and in the presence of at least two witnesses, that they take each other to be spouses in a marriage.”
“…and in the presence of at least one witness, that they take each other to be spouses in a marriage.”
Oregon Would Not Be Breaking New Ground.
Other states already allow couples to marry with fewer witnesses. California and Nevada, two of the country’s best-known wedding destinations, require only one.
More Choice. Fewer Barriers. More Opportunity.
More Privacy
Some couples intentionally choose private ceremonies because privacy, comfort and intimacy matter to them. The current requirement can force an additional person into the ceremony solely to satisfy the law.
Fewer Barriers
One witness preserves independent observation of the marriage while removing the need for couples to find a second person simply to meet the legal minimum.
More Opportunity
Modernizing the requirement would put Oregon on more competitive footing with destinations like California and Nevada while supporting elopements, tourism and Oregon wedding businesses.
This Is a Narrow Modernization.
The proposal changes the minimum number of witnesses. It does not fundamentally change how marriages are solemnized in Oregon.
Marriage would still be witnessed.
Marriage would still be solemnized by a person or organization authorized under Oregon law.
Couples would still make the declaration required under Oregon law.
Existing marriage eligibility requirements would remain in place.
Couples could still invite as many witnesses, friends and family members as they choose.
The second witness would simply become optional.
Oregon’s Two-Witness Requirement Has Never Been Updated.
According to research provided by the Oregon Legislature, Oregon’s two-witness requirement dates to 1862 and has not been changed since it was created.
Today, states across the country solemnize marriages with one witness or no witness requirement at all.
It’s time for an update.
One Witness. More Choice for Oregon Couples.
Support modernization of ORS 106.150 and make the second witness optional.