(Salem, Oregon) The Oregon Supreme Court on Thursday nullified the marriages of some 3,000 same-sex couples who were wed last year.
The marriages were performed last March in Multnomah County. (story)
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. (story)
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. (story) 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.
"We were disappointed by the Oregon Supreme Court's decision today putting off a decision on the underlying issue of fairness for same-sex couples and invalidating the 3,000 marriages that took place last year," said a joint statement from the ACLU and Basic Rights Oregon which represented the gay and lesbian couples in the suit.
"While we had hoped that the court would address whether it is fair for the state to continue to deny same-sex couples and their families the protections of marriage, the decision is not surprising considering the fact that a constitutional amendment was passed that created procedural disputes in the lawsuit."
Calling it an incredibly sad day for fairness and equality in Oregon the Human Rights Campaign said the fight will continue.
"Struggles to end inequality do not succeed overnight," said HRC President Joe Solmonese. "This is the latest chapter in a long movement, and we feel confident that Oregon courts will eventually put an end to the exclusion of committed same-sex couples from the protections and responsibilities that other Oregonians depend on."
Members of the legislature had hoped the court would take up the issue of benefits and civil unions.
Nevertheless, 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.
Wednesday, Oregon Gov. Ted Kulongoski announced he will press the legislature to approve a civil unions bill this year to give same-sex couples some of the rights bestowed on married couples. (story)
Kulongoski, a Democrat, told reporters that he is working with a bipartisan group of senators on a bill that combines a proposed civil unions law with a bill already before the legislature to extend basic civil rights to gays and lesbians.
How depressing this is. I know someone who was married in Oregon last year and my heart is just broken for her and her partner -- how they prayed that this decision wouldn't be made this way.
What irks me most is the court's willingness to side-step the real issue.
Keep your chin up, Michelle, I don't hear any fat lady singing.....
