Oregon Supreme Court ruling supports marriage of opposite-sex couples

The Oregon Supreme Court, today nullified nearly 3,000 marriage licenses issued to same-sex couples a year ago and ruled this morning that Multnomah County was wrong to issue marriage licenses to gay and lesbian couples.

Despite the constitutional ban on same-sex marriage, and today’s ruling that supports it, civil unions such as those in Vermont and under consideration in Connecticut, could be available to gay and lesbian couples in Oregon.

The court noted that last November, Oregonians approved a constitutional amendment that limits marriages to a man and a woman. The court also said that long before that vote, state law had set the same limitations on marriages since Oregon became a state.

“Today, marriage in Oregon an institution once limited to opposite-sex couples only by statute now is so limited by the state Constitution as well,'’ the court ruling said.
The court said while the county can question the constitutionality of laws governing marriage, they are a matter of statewide concern so the county had no authority to issue licenses to gay couples.

The legal case began when the state refused to register the marriages. Circuit Judge Frank Bearden said in an April 20, 2004 ruling that the state was acting illegally in refusing to register the marriages.

The suit finally was appealed to the state Supreme Court. But, the issue of future gay marriage in Oregon became moot last November when voters approved a constitutional amendment barring same-sex marriage.

The suit was quickly amended to call for legal protections for same-sex couples without the issue of marriage to be considered by the high court. But, the court skirted the issue of recognizing same-sex relationships in any form other than marriage saying that the original case only concerned marriage.

“At trial, plaintiffs did not seek access to the benefits of marriage apart from, or as an alternative to, marriage itself,” the ruling said.
Members of the legislature had hoped the court would take up the issue of benefits and civil unions.

Oregon Gov. Ted Kulongoski announced he will press the legislature to approve a civil union’s bill this year to give same-sex couples some of the rights bestowed on married couples.

Kulongoski, a Democrat, told reporters that he is working with a bipartisan group of senators on a bill that combines a proposed civil union’s law with a bill already before the legislature to extend basic civil rights to gays and lesbians.

The court left the door open for state legislators to craft an alternative to gay marriages, such as civil unions.

“We conclude that Oregon law currently places the regulation of marriage exclusively within the province of the state’s legislative power,'’ the court said.

Members of the Legislature have been awaiting the ruling to give them guidance on how to proceed on the issue.