Multnomah suspends all marriage licenses

[susan]

The Oregon Attorney General gave his opinion about SSM today. It was a two-parter: First, that he does not believe that the state legally can issue marriage licenses to same-sex couples; second, that this appears to be unconstitutional under the state’s constitution.

In response, the Multnomah County commissioners issued a statement saying that they will suspend all marriage licenses until noon Monday, when they make a decision on current policy. Their stance is that their current position is untenable because they will be sued no matter what course of action they take.

Meanwhile, a peevish Governor Kulongoski whined that he has more important things to do.

This leaves the over 2,100 same-sex couples who received licenses in a state of uncertainty about whether those licenses will be found to be legal.

[Tanaqui]

second, that this appears to be unconstitutional under the state’s constitution.

In case anyone is confused (I was, cause I read too fast), the Attorney-Governor said that BANNING gay marriages appears to be unconsitutional. Oregon does not, thank God, have a DOMA. Link

Oregon’s attorney general says same-sex marriage is not legal.

Hardy Myers issued his opinion today after a request from Gov. Ted Kulongoski.

Myers says the Oregon law as written does not allow gay couples to marry. But he said it also may violate the state constitution to deny the marriages.

Riiiiiight. I’m sure Kulongski is a big fan of that ruling, since it makes about as the much sense as the stance he’s taken: “I believe gay people should have full rights, but I’m against gay marriages!” Yeah, way to go.

The article goes on to say that “neither he nor the attorney general could order Multnomah County to stop [the marriages].”

I’m curious under which laws, exactly, is marrying two men or two women illegal? Clearly, that’s the law we need to change. And I’m still trying to wrap my head around the idea that Oregon law simultaneously bans gay marriages AND bans banning gay marriage. Huh. That’s some pretty sloppy writing right there… I’m not sure whether to laugh or cry.

On a more serious note, I feel really strongly about this issue. Who is the most relevent person to write to?

[schplebordnik]

@Tanaqui

I’m curious under which laws, exactly, is marrying two men or two women illegal? Clearly, that’s the law we need to change. And I’m still trying to wrap my head around the idea that Oregon law simultaneously bans gay marriages AND bans banning gay marriage. Huh. That’s some pretty sloppy writing right there… I’m not sure whether to laugh or cry.

It’s not too difficult to figure out actually. The Oregon Statute on Marriages, ORS 106.150 says:

106.150 Form of solemnization; witnesses; solemnization before congregation. (1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the clergyperson, county clerk or judicial officer solemnizing the marriage and in the presence of at least two witnesses, that they take each other to be husband and wife.

Attorney general reads that last part about “husband and wife” to require marriage to be between a man and a woman. So he concludes that the state law doesn’t allow for same sex marriage.

However, the Oregon constitution has an equal protection clause. His interpretation of that clause is that restricting marriage to opposite sexes violates Oregon equal protection. But the Attorney General has no power to declare a statute unconstitutional – only the courts can do that. And of course the people, through the initiative process, can amend the Constitution to state that equal protection does not require the state to sanction same-sex marriage. Which I suspect we Oregonians will have as a ballot measure next election.

[OttoDaFe]

@schplebordnik

[. . .]
Attorney general reads that last part about “husband and wife” to require marriage to be between a man and a woman. So he concludes that the state law doesn’t allow for same sex marriage.
[ . . .]

Some definitions of husband from my trusty 1962 Webster’s New World Dictionary:[ul]
[li]The manager, as of a household[/li][li]To manage economically; conserve[/li][li]To cultivate (soil or plants)[/li][/ul]The etymology also includes such terms as householder and freeholder.

Which leads me to wonder: have women never managed households, conserved, cultivated soil or plants, or held houses? Okay, I’m being picky—but last time I looked, pickiness was one of the requirements for dealing with the law.

[schplebordnik]

@OttoDaFe

Some definitions of husband from my trusty 1962 Webster’s New World Dictionary:[ul]
[li]The manager, as of a household[/li][li]To manage economically; conserve[/li][li]To cultivate (soil or plants)[/li][/ul]The etymology also includes such terms as householder and freeholder.

Which leads me to wonder: have women never managed households, conserved, cultivated soil or plants, or held houses? Okay, I’m being picky—but last time I looked, pickiness was one of the requirements for dealing with the law.

American Heritage says this:

husﾷband n. Abbr. h., H. 1. A man joined to a woman in marriage; a male spouse. 2. Chiefly British. A manager or steward, as of a household. 3. Archaic. A prudent, thrifty manager. v. –tr. husﾷbandﾷed, husﾷbandﾷing, husﾷbands. 1. To use sparingly or economically; conserve: husband one’s energy. 2. Archaic. To find a husband for.

and this

wife n. pl., wives. Abbr. w. A woman joined to a man in marriage; a female spouse. –wifehood n.

So I think you’re out of luck with that argument…

[susan]

There are many ways to express your opinions and concerns. Go to the Basic Rights Oregon page (www.basicrights.org), and click on the link to the right entitled “Nine Easy Things You Can Do…” for a great deal of contact information.

Here’s a quick list from a variety of sources:

Senator Ron Wyden (Democrat-OR)

Contact | U.S. Senator Ron Wyden of Oregon

Senator Gordon Smith (Republican-OR)
http://www.senate.gov/~gsmith/webform.htm

Representative Peter DeFazio (Democrat-04)
http://defazio.house.gov/emailme.shtml

Senator Floyd Prozanski (Democrat-004)
prozanski.rep@state.or.us

Representative Paul Holvey (Non-Partisan-008)
rep.paulholvey@state.or.us

Governor Ted Kulongoski
http://governor.oregon.gov/Gov/contact_us.shtml

Attorney General Hardy Myers
http://www.doj.state.or.us/SSMC.html
that same-sex couples will no longer be treated like strangers under the law.

These are the Multnomah Country Commissioners who have been granting licenses:

Diane Linn, Multnomah County Chair:
mult.chair@co.multnomah.or.us

Maria Rojo de Steffey, Multnomah County Commissioner District 1:
district1@co.multnomah.or.us

Serena Cruz, Multnomah County Commissioner District 2:
serena@co.multnomah.or.us

Lisa Naito, Multnomah County Commissioner District 3:
charlotte.a.comito@co.multnomah.or.us

This is the Multnomah Country Commissioner who is upset about the County’s recent actions:

Lonnie Roberts, Multnomah County Commissioner District 4:
lonnie.j.roberts@co.multnomah.or.us

Multnomah County Charter Review Committee
(Would be the ones to propose a county DOMA)
Ona.L.Davis@co.multnomah.or.us

These are the Lane Country Commissioners who are evaluating whether to give licenses:

Anna Morrison
anna.morrison@co.lane.or.us

Bill Dwyer
bill.dwyer@co.lane.or.us

Bobby Green
bobby.green@co.lane.or.us

Don Hampton
Don.Hampton@co.lane.or.us

Peter Sorenson
peter.sorenson@co.lane.or.us

Newspapers:
Oregonian (Portland, statewide): http://www.oregonlive.com/opinion/index.ssf?/opinion/oregonian/howtosend.frame

Register Guard (Eugene): http://www.registerguard.com/news/2004/03/10/ed.letters.0310.html

Gazette Times (Corvallis): http://www.orenews.com/cgi-bin/internal/database/directory/showGMpage.cgi?MemberID=17

Bulletin (Bend): http://www.bendbulletin.com/news/letters.cfm<

Mail Tribune (Medford): http://www.mailtribune.com/news/edit/index.html

Statesman Journal (Salem): http://news.statesmanjournal.com/letter_form.cfm

[susan]

Not only has Multnomah begun issuing licenses again, but Benton County has just announced that it will begin on March 23. Go Beavers!

[Miller]

@Shoshana

Not only has Multnomah begun issuing licenses again, but Benton County has just announced that it will begin on March 23. Go Beavers!

Wonderful news indeed, but would you think less of me for snorting out loud when you said, “Go Beavers”?

[iampunha]

Could be the Nimrods, Miller