khaosworks | Equality means equality...

Benton stops all marriage licensing
Pressured by the attorney general to wait for a court ruling on gay marriages, county officials decide to treat "everybody equally"
03/23/04
MARK LARABEE
and JEFF MAPES
Benton County commissioners reversed themselves Monday and then some, voting in an emergency session to stop issuing marriage licenses to anyone -- even heterosexual couples -- until the Oregon Supreme Court rules on whether gay marriages in Oregon are legal.

The vote puts a hold on the county's original plan -- approved last week -- to follow Multnomah County and issue marriage licenses to same-sex couples beginning Wednesday. Multnomah County continues to issue them.

The decision comes after lengthy discussions between Benton County's lawyers and Oregon Attorney General Hardy Myers, who said his office would take legal action to stop the county if it went ahead with the plan.

"It was clear that he would crack down on us," Benton County Commissioner Jay Dixon said after reading from a letter Myers sent to the county Monday.

The letter said: "We are authorized to bring an action. We will do so unless Benton County decides to follow a process that includes the county's postponing the issuance of marriage licenses to same-sex couples pending decisions of the Multnomah County Circuit Court in the litigation that will begin Wednesday."

Under a plan agreed to by both sides of the debate, three couples will sue the state in Multnomah County Circuit Court on Wednesday, and opponents and the county will intervene. Multnomah County Judge Frank Bearden will hold a hearing in mid-April and try to reach a ruling by April 23 on the constitutionality of the state's marriage statute.

Those involved expect Bearden's ruling eventually will go to the Oregon Supreme Court on appeal. Several national groups are trying to persuade the state's highest court to intervene immediately and decide whether the county has the right to issue marriage licenses to same-sex couples.

It's unclear how Benton County's reversal affects a suit filed against the county last week by the Defense of Marriage Coalition. A judge was expected today to decide whether to issue a temporary stop order against the county. A similar suit filed in Multnomah County will be withdrawn under the new agreement.

Dixon said the attorney general made it clear that the state would take legal action if Benton County began issuing licenses Wednesday. He said county commissioners thought the state could go as far as arresting county employees who issued licenses, although Myers never spelled out such a measure.

So to be fair, Dixon said, the three commissioners voted to stop issuing licenses to anyone until courts resolve the matter.

"That treats everybody equally," he said. "It was a question of treating everyone the same. It won't hurt anybody. They can still get licenses in other counties."

Benton County Commission Chairwoman Linda Modrell asked for the public's patience with the "temporary inconvenience."

"Since last week's Benton County decision, there have been significant movements and agreements to accelerate consideration of this issue to the state courts, and this is where the ultimate resolution must take place," she said in a statement. "So we are respecting the attorney general's request that we temporarily postpone issuing same-sex marriage licenses."

Myers -- in reviewing the decision by Multnomah County to issue marriage licenses to same-sex couples -- issued a nonbinding opinion saying that same-sex marriages are illegal under state law. He also said banning such unions probably is unconstitutional

Kevin Neely, Myers' spokesman, said Myers warned county officials that they could face a lawsuit from the state if they issued same-sex marriage licenses.

"It is our goal to have as few counties in violation of that law as possible," Neely said of why Myers pressured Benton County officials to delay.

Myers sends letters

Myers first sent a letter to the county Friday urging officials not to issue the licenses. After telephone discussions with the county chairwoman and county counsel Monday, Myers sent a second, more strongly worded letter.

Neely said Myers did not have a position on the county's decision to stop issuing all marriage licenses, saying that is not an issue the attorney general has been asked to research.

"The strategy that Benton County is using is certainly a unique strategy, but from our perspective, we're pleased they are not issuing these licenses in violation of state law," Neely said.

Roey Thorpe, executive director of Basic Rights Oregon, said she understood that county officials were "put in a very difficult situation, and I support their effort to do the right thing."

"I think it's unfortunate the attorney general would step in and threaten a county that was simply trying to abide by the constitution," she added.

Thorpe said it was "unfortunate this will stand in the way of couples who want to get married in Benton County, whether they are same-sex couples or opposite-sex couples."

Tim Nashif of the Defense of Marriage Coalition, which has been fighting same-sex marriages, blasted the Benton County decision.

"It's just crazy," he said. "I don't understand it. We're happy that they're not giving out licenses that violate the law, but how do they get to the point that they're not issuing licenses to anybody?"

Nashif, whose group is involved in the Multnomah County court case, said if a heterosexual couple is prevented from getting a license in Benton County, "we would be very open to representing their rights in a lawsuit."
Once you get over the initial snickering, you start to wonder though, how effective this will be. The point that equality means equality is well taken, but if Nashif's remarks are any indication, the likely outcome will be to piss off and reinforce the Defense of Marriage lobby's ideas that no good will ever come of these crazy gay-loving liberals.