Portland judge rules on same-sex marriage rights

Multnomah County (Portland, Oregon) Circuit Judge Frank Bearden today issued his decision in the expedited lawsuit over the application of marriage law to same-sex couples in Oregon.

Judge Bearden had something to give everyone: a declaration that the marriage laws violate Oregon's Equal Privileges and Immunities Clause (article I, § 20 of the Oregon Constitution); a determination that a Vermont-style solution would be every bit as just as a Massachusetts-style solution; an injunction against Multnomah County issuing any more marriage licenses to same-sex couples until the Legislature has had 90 days from its next convening to address the situation; and, finally, an order to the state to recognize the 3000 or so same-sex marriages that have already been performed.

Of course, the last word belongs to the Oregon Supreme Court, who should be getting the case soon -- and the real last word, for better or worse, may well belong to Oregon's voters.

•  This seems like a confusing mess

  The special session is in June, and although Democrats are thinking about canceling it (the main topic was supposed to be taxes and they don't want to deal with same-sex marriage), Republicans have said they will not let that happen.

  If this gets on the ballot, then all benefits for gay couples will be banned, and Bush will likely win Oregon.

  www.basicrights.org

  by JamesB3 on Tue Apr 20, 2004 at 02:37:43 PM PDT

  •  It's not quite so bad as all that

    James, without derogating the gravity of your concerns, I do want to say that your pessimism has been a bit over the top lately.

    I think turnout on this issue would be just as likely to help Kerry as Bush. It will bring out the core, either way.

    And there is no WAY the Legislature will refer this issue to the ballot as it is currently constituted, so if the initiative doesn't get enough signatures, the effects on turnout are greatly reduced.

    by Oregon Bear on Tue Apr 20, 2004 at 03:04:58 PM PDT

    •  It will get enough signatures

      if the other far more extreme past iniatives got on the ballot, why wouldn't this one? And the Oregon legislature is mixed, with some saying that the far-right will control much of it soon.

      by JamesB3 on Tue Apr 20, 2004 at 03:24:47 PM PDT

      •  "Some"?

        Who are these "some," and where are they saying it?

        Every indication on the ground here in Oregon is that the Democratic redistricting from 2001 is going to continue to bear fruit in Democratic state legislative gains.

        by Oregon Bear on Tue Apr 20, 2004 at 04:04:50 PM PDT

•  Damn, damn, damn!

  A relative of mine was going to get married this weekend!  They missed out in SF by a week as well.

  I'm going to have to find a city clerk in MA that will marry them: Worcester and P-Town are looking promising at the moment, but who knows how things will turn out...gonna have to get their asses out here right on May 17, though.

  by MAJeff on Tue Apr 20, 2004 at 02:43:57 PM PDT

  •  MAJeff, could you

    answer some of my questions (if you can answer them, I realize you can't be an expert on every part of Massachusetts) in the diary I created a few minutes ago about a few other pro-gay legislators who are trying to unseat anti-gay incumbents.

    by JamesB3 on Tue Apr 20, 2004 at 03:20:50 PM PDT