08:21 AM PST on Wednesday, March 3, 2004

By ABE ESTIMADA and JIM PARKER, kgw.com Staff

Multnomah County is poised to become the fourth community in the country to marry same-sex couples after announcing that it will issue marriage licenses to gays and lesbians starting Wednesday morning.

Tay Juncker, left, and Kathy Belge pose with their marriage certificate after a news conference for Basic Rights Oregon in Portland. (AP Photo)

The Multnomah County Board of Commissioners waded into the brewing national maelstrom concerning same-sex marriage by issuing a short statement on Tuesday night saying their legal counsel supports the controversial move.

“Based on a legal opinion released (Tuesday) by the county attorney, a majority of the (Multnomah) Board of County Commissioners supports a policy change to allow the county to issue marriage licenses to same-sex couples,” the statement said.

Like San Francisco -- which became the first U.S. community to conduct gay weddings in recent weeks -- Portland has long been viewed as a bastion of liberalism. It's an image that stands to be reinforced if same-sex couples here are issued marriage licenses.

Multnomah County Chair Diane Linn, reportedly directed the county to begin issuing the licenses, after consulting with the county attorney — but without an official vote from the four other county commissioners.

"She did it without a vote, but she doesn't need it. She has majority support," said Commissioner Serena Cruz. "Our county attorney basically said that it would be illegal not to give out the licenses."

Oregon state law defines marriage as a "civil contract entered into in person by males at least 17 years of age and females at least 17 years of age." The county's contention is expected to be that state law does not specify that the union be between a man and a woman.

The county planned a news conference at 9 a.m. Wednesday at Multnomah County headquarters at 501 SE Hawthorne Blvd. in Portland to provide the first public details of the decision. Licenses will also be issued from the same building.

Judge, civil rights groups to conduct weddings

Multnomah County Judge Linda Bergman told KGW on Tuesday night that she would schedule and perform marriage ceremonies for same-sex couples if they have a license when they make an appointment.

In addition, local civil right groups were also making plans to host mass wedding ceremonies Wednesday.

"Once couples receive their marriage licenses, Basic Rights Oregon and the American Civil Liberties Union will host multiple wedding ceremonies throughout the day (for same-sex couples)," said Rebekah Kassell, a spokesperson for Basic Rights Oregon.

The gay rights advocay groups scheduled a 10 a.m. cerermony, at a location still to be announced, for what they believed would be the first gay and lesbian marriages to occur in Portland. The groups set 2 p.m. for a second round of same-sex weddings to be performed.

At Portland oldest lesbian bar on Tuesday night, long-standing couples were planning their bridal wear.

"It's history in the making," said Heather Spotts, 32, the bartender of the Egyptian Club. "Me and my partner are going to go down tomorrow. Even if the certificate doesn't hold up, we'll give to our little boy to put up on the wall."

Jennifer Schneider, 27, was married unofficially in front of 80 friends and relatives last year in Portland. She and her partner are hoping to have their wedding dresses dry cleaned in time for tying the knot officially Wednesday.

"I'm so glad that they're finally recognizing the commitment I made a year ago," Schneider said.

Jennifer Steyer, 27, just recently began dating her lesbian partner, so marriage is nowhere in the immediate future. But she likes having the option.

"Growing up, I always envisioned getting married," she said. "I didn't see why being gay, I should be denied that. It's an amazing idea," she said.

Law enforcement was gearing up for the expected crush of people who will be applying for the licenses, said a Portland police official who did not want to be identified. Multnomah County Sheriff Bernie Giusto said his office would also provide security at the county administration building on Wednesday morning. He would not elaborate.

"We'll err on the side of caution enough to make sure our presence is known," Guisto said.

By 11 p.m. Tuesday night, same-sex couples had already lined up outside the county building to be among the first to get marriage licenses on Wednesday morning. Long lines had formed and traffic on streets near the county building had to be detoured on Wednesday morning because of the crowds.

The Oregon governor’s office was declining comment until it could independently confirm -- outside of media reports -- that the county is issuing such licenses, said spokesperson Mary Ellen Glynn on Tuesday evening.

A short time later, Kevin Neely, spokesman for state Attorney General Hardy Myers, said: "We're having discussions with the governor and expect to be prepared to comment tomorrow."

Surprise decision 'clandestine,' says one commisioner

Multnomah County's surprise announcement comes about a week after President Bush said that he would back a national constitutional amendment banning gay unions. The county's plans already face opposition within its own commission.

"No, I will not support it, this is a state issue and we'd be crossing over the line," said county commissioner Lonnie Roberts, apparently in the minority view among the commission members.

Roberts maintained he was left out of the loop on the decision by Linn and the other commisioners.

"This was clandestine," Roberts said, noting that he received word of the decision from the sheriff -- as opposed to his fellow commisioners.

"The way I see it, we should've done this with a full board and taken public input so it doesn't seem like a backdoor proposition," he maintained.

Basic Rights Oregon and the ACLU had been working with the county commissioners’ office on the question of gay marriage licenses, said Roey Thrope, executive director of Basic Rights Oregon.

“We know this is a deeply important moment to gay and lesbian couples in Oregon and are excited about the day when we are no longer denied the right to marry,” Thorpe said. "Many of these couples have been waiting decades, and this is the first time they've been seen as equal under the law."

Commissioner Cruz acknowledged that some in county government began thinking about taking the step after they were approached by Basic Rights Oregon.

The gay rights groups said that marriage would offer gays and lesbians more than 1,000 federal and 500 state legal protections and rights, such as hospital visitation and inheritance rights.

Opponents may seek court injunction

The Christian Coalition of Oregon planned to consult its lawyers and may file suit seeking an injunction to stop Multnomah County from performing same-sex marriages, executive director John Belgarde told kgw.com.

The county’s decision cheapens the institution of marriage defined by God as a union between a man and woman, Belgarde said. Belgarde made it clear he doesn't dislike gays but said the definition of marriage is unquestionable.

“It saddens me because what’s the next step?” he said. “The old cliché -- it’s a million years old -- let the camel's nose into the tent, and you wake up, and you have a camel laying beside you. There’s truth to that."

Opposition from Oregon's Republican leadership was also swift.

"I'm very upset that this travesty is taking place in Oregon. It definitely is an insult to the voters and to the people," said Kevin Mannix, chairman of the Oregon Republican Party, who called for the state attorney general to put a halt to the marriages immediately.

Mannix also said the move by the county will only add to the momentum of President Bush's recent call for a national constitutional amendment prohibiting same-sex marriages.

"More idiotic moves such as the one about to be taken by Multnomah County will simply add fuel to the fire," Mannix commented.

Multnomah County is ahead of the country in that it already recognizes same-sex "domestic partnerships."

Now, Multnomah County will follow the lead of San Francisco, Calif.; New Paltz, New York and Sandoval County, New Mexico. More than 3,400 couples have been married in San Francisco and New Paltz has about 1,000 couples on a waiting list. Sandoval County in New Mexico issued licenses and conducted some nuptials recently before the state attorney general there invalidated the licenses.

The Massachusetts Supreme Court ruled last month that gay marriage must be allowed under the state constitution. States typically recognize marriages performed in other states, but 38 states since 1996 have approved laws and constitutional amendments that seek to prevent recognition of same-sex marriages from other states.

Last week, the California Supreme Court declined a request to immediately stop San Francisco from marrying gay couples and to nullify the weddings already performed. Earlier Tuesday, the mayor of New Paltz, N.Y., was charged with 19 misdemeanor counts for performing weddings for gay couples. Jason West performed wedding ceremonies for 25 gay couples Friday.

Gay rights battles on-going in Oregon

Oregon was already headed towards a heated debate on the definition of marriage.

Gay marriage opponents last month filed four versions of a proposed initiative that would clearly define marriage as between and a woman, Belgarde said. He's confident that the Christian Coalition of Oregon and its allies will gather enough signatures to place one of those initiatives on the ballot in November. Belgarde believes Oregonians will throw their support behind his initiative.

The controversy stirring around same-sex unions in Oregon also hearkens back to the state's past debates on gay rights.

In 2000, voters defeated Measure 9, which would have banned homosexuality from being presented in schools in a positive light. It was the third anti-gay rights measure voted down in the state in eight years; Ballot measures defeated in 1992 and 1996 basically said homosexuality was wrong and the government can't promote it.

Lon Mabon, head of the alliance that placed the three failed measures on the ballot, said: "If people in this state and that county and that city don't wake up and stop this agenda nothing will be sacred except their activities. They want to force acceptance of their lifestyle."

In addition, the Oregon Court of Appeals ruled in 1998 that it was unconstitutional for the Oregon Health & Sciences University to deny spousal benefits to gay couples.

In 1992, it ruled unconstitutional a measure approved by voters in 1988 that would have made it legally permissible for state agencies to discriminate against gays and lesbians. In 1999, a bill that would have banned same-sex marriage passed the Oregon House, but was weakened and defeated in the Senate.

(The Associated Press contributed to this report.)