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Oregon Supreme Court nullifies 3,000 same-sex marriage licenses issued a year ago
Justices rule Multnomah County couldn’t take action on its own
Published Thursday, 21-Apr-2005 in issue 904
SALEM, Ore. (AP) – The Oregon Supreme Court on April 14 nullified nearly 3,000 marriage licenses issued to same-sex couples by a county in the northwestern U.S. state, saying a single county couldn’t take such action on its own.
The court said while Multnomah 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 same-sex couples.
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 left the door open for state legislators to craft an alternative to same-sex 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.
A day earlier, Gov. Ted Kulongoski said he will push for a law allowing same-sex couples to form civil unions that would give them many of the rights available to married couples.
Multnomah County began issuing marriages to same-sex couples last April, arguing that not doing so violated the state constitution. A judge ordered the practice to cease about six weeks later, but not before nearly 3,000 same-sex couples had wed.
Vermont is the first and still the only state to offer civil unions to same-sex couples, passing a law in 2000. Massachusetts has allowed same-sex marriage since last May. Both those changes came about after court rulings.
Kulongoski’s backing of a civil-unions law expands on his announcement in January that he would support legislation extending anti-discrimination protections to gays and lesbians.
“As I stated in January, we face a great moral challenge to make sure opportunity is an open door through which every citizen can pass – not a revolving door which turns for some and doesn’t budge for others,” he said.
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