07:02 PM PST on Wednesday, March 3, 2004
Multnomah County's decision to grant same-sex marriages was embraced by
gays and lesbians in Portland — while the state's top elected official
and others objected and questioned the legality of the county's action.
The majority of the county's Board of Commissioners announced Wednesday
morning that it supported a "policy change" to same-sex couples to
obtain marriage licenses.
The county immediately started issuing the marriage licenses and
conducting wedding ceremonies. A short time later, Oregon's governor
expressed his doubts about what county leaders were doing.
Gov. Ted Kulongoski said he favors civil unions for gay people, which
were already allowed in Multnomah County, but he told reporters he does
not believe that current state law permits gay marriages.
While the City of Portland had no involvement in the county's decision,
Mayor Vera Katz issued a "statement of support for expanding civil
marriage to gay and lesbian couples."
Katz asked, "In a world where we worry that promiscuity is rampant, why
would we not embrace those who are pledging fidelity?"
The right to marry conveys full citizenship, the mayor said.
"It's not about the wedding; it's about the rights," agreed Cristina
Caravaca, 32, who was joined by hundreds of others waiting in line
Wednesday at the Multnomah County building for marriage licenses to be
issued.
"I know a lot of people who are going to get licenses," said Roey
Thorpe, director of Basic Rights Oregon, a gay-rights group. By day's
end Wednesday, Multnomah County had issued 422 marriage licenses, a new
one-day record.
Kim Davis, 39, said she would wait to make sure the law holds up before
requesting a marriage certificate.
"If it's not legal, why bother? But if they do stick with it and it does
become legal, you bet you'll see us down there," she said, gesturing
toward her partner, Michelle Denolf.
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.
A state legal review was also pending.
Oregon Attorney General Hardy Myers said Gov. Kulongoski "had requested
an opinion from the Department of Justice as to the legality of same-sex
marriage in Oregon."
Myers said he promised Kulongoski that his office would "address these
issues as quickly as we can."
At a news conference, the Democratic governor -- also a former state
supreme court chief justice -- said reasonable people can differ on what
the state marriage laws says.
But he said, "I think when you read it and consider the times when it
was written they were thinking of a man and a woman getting married."
Still, Kulongoski said it's up to Meyers to make a legal determination.
Reaction from some other state leaders also wasn't favorable.
Oregon's House Speaker urged the governor and attorney general to
intervene.
"Multnomah County cannot suddenly change the definition of marriage in
Oregon," said Rep. Karen Minnis (R-Wood Village). "I'm calling upon the
governor and the attorney general to enforce the law of the state of
Oregon, which references marriage as being between a 'husband' and
'wife.'"
Republican Party Chairman Kevin Mannix called Multnomah County's
interpretation of state law "bizarre and represents disdain for our
Democratic process."
Mannix said he supports President Bush's call for a federal
constitutional amendment banning gay marriage "and more idiotic moves
such as the one about to be taken by Multnomah County will simply add
fuel to the fire."
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." Multnomah County officials contend the law does not specify
that the union be between a man and a woman.
"Those who recognize homosexuality as normal are going to recognize that
marriage includes them," said anti-gay rights activist Lon Mabon. "The
fact is homosexuality isn't normal and marriage is between man and woman
and always has been."
But Floyd Sklaver and Marc Acito of Portland got married last year in
Victoria, B.C., just after Canada legalized same-sex marriages. They
said they were eager to get a marriage license in their home county.
"I think the commissioners are seeing the tide of history," Sklaver
said. "People recognize it's a matter of fairness."
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