Oregon AG rules gay marriage licensing illegal

[stevedeshazer]

Press conference on Portland CBS affiliate KOIN - 6...

Attorney General Hardy Myers released his legal opinion and Governor Ted Kulongoski (both dems)

Recently, Multnomah County started issuing marriage licenses to same-sex couples.

on edit: link to story

http://www.koin.com/webnews/2004/20040312_samesexlicensesb.shtml

[stevedeshazer]

1. Governor on now

Says different rules in different counties and cities won't work, suggesting that state statutes don't permit it, but state constitution might. Case will go to Oregon Supreme Court.

Calling for tolerance, wants to work with legislature to enshrine laws fostering tolerance (whatever that means)

[stevedeshazer]

2. AG Myers on now

Recommends following existing state law (no gay marriage licenses) until Supreme Court ruling... could be months or years now :-(

[Qutzupalotl]

3. Thanks, Stevie D

Some lady friends of mine got married the other day. By law, the judge had to say, "I now pronounce you man and wife," even though they were lesbians. So it's pretty clear what the writers of the Oregon statues were intending--even if another part was misleading, in that it didn't state explicitly that you had to marry someone of the opposite sex.

Don't get me wrong; I think gays deserve equal rights with everyone else, including the right to marry. But I don't think sneaking around poorly-worded statutes is the way to go. Let it come from the legislature, intentionally, and then its legitimacy will not be questioned. I'm afraid it may take a long time, though.

[stevedeshazer]

4. I think the state supreme court will decide

I agree with your take on how it was done.

I'm in favor of equal rights for everyone, including marriage. Oregon's high court is pretty liberal, and the state constitution is quite specific about freedom.

[HuckleB]

8. Umm. Sorry, wrong.

The judge did not have to say "man and wife." Couples were able to get married and be called exactly what they wanted to be called, as have hetero couples for some time.

[central scrutinizer]

5. Here's Basic Rights Oregon press release

Just released:

FOR IMMEDIATE RELEASE
March 12, 2004

Basic Rights Oregon Press Statement

Today, the Oregon Attorney General Hardy Meyers found merit in our
position that the Oregon constitution does not permit discrimination
against same-sex individuals. Prior to today, three legal opinions
clearly indicated that such discrimination would violate the
constitution. In the wake Attorney General's opinion, Basic Rights
Oregon is emboldened by the fact that no credible legal opinions have
found that discrimination based on sexual orientation is permissible
in Oregon.

Basic Rights Oregon joins in the Governor's wish that this matter
receive speedy and final adjudication in the Oregon Supreme Court,
where we are confident the rights of gay men and lesbians will be
upheld. We speak on behalf of the more than 2,100 newlywed couples
and their families who have for the first time in Oregon's history
had the ability to protect their relationships and families through
marriage. We are disappointed that the Governor would encourage the
County to deny any Oregonian basic constitutional rights in the
interim.

Basics Rights Oregon will continue to do all it can to bring this
issue to a speedy and just resolution.

[stevedeshazer]

6. That's really encouraging

That's my take, too. It's a short term setback, but it forces the issue to the state supreme court, which leans left.

[HuckleB]

7. The Gov has really been crappy about this.

And this ruling is just bizarre. It basically says, "Ignore the constitution until you go to court." Huh? Sorry, but the constitution takes precedence. This is political expediency on the part of Myers and Gov K. Politicians no longer have any guts at the state level in Oregon. Thank goodness that Multnomah County has some leadership on board.