06:11 PM PDT on Friday, July 9, 2004

By kgw.com and AP Staff

SALEM – Oregon Attorney General Hardy Myers will not appeal an appellate court’s decision that could compel the state to register 3,022 same-sex marriage licenses issued in Multnomah County.

Erin Lamb, right, and Joy Broussard, both of Portland, celebrate after being legally married at the Keller Auditorium. (AP Photo)

Instead, the state will look to the Oregon Supreme Court to decide the constitutionality of the state’s marriage law, which proponents and opponents have used either to justify or argue against gay unions.

“We believe any appeal from (Friday’s) order by the Court of Appeals would be denied by the (state) Supreme Court and would unnecessarily delay the final decision on these critical constitutional issues,” Myers said.

At question is what practical impact the Oregon Court of Appeals’ decision will have on same-sex marriage licenses. Both sides of this fierce, divisive debate claimed a measure of victory from the appellate court’s decision, which was announced on Friday without an opinion.

Gay marriage has been a hot topic in Oregon since last spring, when Multnomah County commissioners began issuing the licenses to gay couples.

The state attorney general's office said the registration is just a "procedural" act that wouldn't authenticate the marriage licenses issued by Multnomah County. Citing a Multnomah County judge's decision, the attorney general's office argued the licenses are not valid unless "specifically declared valid by the Oregon Supreme Court."

But Multnomah County commissioner Lisa Naito hailed the appellate court's ruling.

"It is one more step towards equal privilege in granting marriage licenses regardless of gender," Naito said.

State registration of the licenses would presumably entitle gay couples to the same state benefits accorded to heterosexual married couples, like health care benefits.

To date, only Massachusetts recognizes gay marriage, although Vermont recognizes civil unions. California, New Jersey and Hawaii have domestic partnership laws that provide certain legal rights to gay relationships.

Same-sex couples in Multnomah County got licenses before a county judge in April put a stop to the practice, in order to allow a lawsuit challenging their constitutionality to head toward the state Supreme Court.

But in the same ruling, Circuit Judge Frank Bearden did direct the state to register the licenses from ceremonies already performed. It was that decision that the Court of Appeals upheld Friday.

Basic Rights Oregon, the state's leading gay rights group, applauded the appeals court's action.

"These couples have already done what any other couple seeking to marry has already done to marry in the state of Oregon. It's only fair that the state register those marriages -- and that they are afforded the same protections and responsibilities of marriage that any other Oregon couple is afforded," said Rebekah Kassell, spokeswoman for Basic Rights Oregon.

David Fidanque, executive director of the Oregon chapter of the American Civil Liberties Union, said the practical impact of the appeals court action is an open question.

"We won't know for a long time exactly how significant the registration of the licenses is," Fidanque said. "The state argued it is a critical step in legal recognition of the marriages. We don't know whether the appeals court agreed with that."

Tim Nashif, a spokesman for the Defense of Marriage Coalition, the group that has led the fight against gay marriage, said that the appeals court decision was unnecessary.

Gay marriage foes say the state's founders never intended to sanction such marriages, citing a law dating to territorial days defining marriage as a contract "entered into in person by males at least 17 years of age and females at least 17 years of age."

They've mounted what appears to be a successful initiative petition drive to put a constitutional amendment on the November ballot outlawing gay marriage.

They turned in a record 244,000 signatures last week, far more than 100,000 needed to send the measure to voters. State officials have until Aug. 1 to validate the signatures.

“We find it difficult to understand the (appeals) court’s reasoning, especially in light of the fact that over 244,000 Oregonians recently signed a petition signifying their desire to have a voice in this crucial issue,” Nashif said. “It seems the appropriate response to the people’s record breaking efforts would be to allow voters to have their day.”

Nashif charged that appellate court’s ruling, like the decision making process undertaken by Multnomah County commissioners in the spring to approve granting licenses to same-sex couples, was a “backroom decision.”

Kelly Clark, a lawyer for the Defense of Marriage Coalition, called the appellate court’s decision “utterly unremarkable.”

“Today’s decision by the court of appeals does not make these marriage licenses valid,” he said. “It simply says the state should file them, with the decision about their validity to be decided another day. The fact remains these licenses were issued in violation of Oregon statutes. We think they were and are void.”

Steve Wagenhoffer, a gay father who married his partner of 13 years on the first day Multnohmah County began offering gay marriage licenses, was overjoyed after hearing of the appeals court action.

"There's a sense of great relief I feel," he said.

Wagenhoffer said he knows first hand what that certificate could mean in terms of his rights as a husband and parent.

When his child -- whom he adopted as an infant along with his partner -- fell sick, Wagenhoffer, 42, rushed to the hospital.

"They told me I couldn't come in because my child's 'father' was already there," he said, referring to the reaction he got from the hospital staff.