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Gay marriage decision splits opinion among Oregonians

07:02 PM PST on Wednesday, March 3, 2004

By kgw.com and AP Staff

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.

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Couples wain in line at the Multnomah County building to get same-sex marriage licenses. (AP Photo)

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?"

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Same-sex marriages were performed by a county judge on the 21st floor of the Hilton Hotel in Portland. The first to exchange vows were Mary Li and Rebecca Kennedy. (kgw.com photo/Antonia Giedwoyn)

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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