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Oregon judge orders halt to gay weddings, but gives legal recognition to same-sex marriages
by   |  April 21, 2004  |  

ORTLAND, Ore. (AP) - A judge told Multnomah County to stop
issuing gay marriage licenses Tuesday, but he handed gay couples a
historic victory by ordering Oregon to recognize the 3,000 licenses
already granted in the county.

The decision by Multnomah County Circuit Judge Frank Bearden
marked the first time in the nation that a judge has recognized gay
marriage. An immediate appeal of the ruling was expected.

"These are the first legally recognized gay marriages in the
country," said Dave Fidanque, the ACLU executive director in
Oregon. "In no other same-sex marriages that have taken place has
there been a court order saying the state must recognize them.
That's what's truly historic about this opinion."

 

The county began allowing gay marriage on March 3, making it the
only place in the nation where gays could get married. The county
has issued 3,022 marriage licenses to gay couples since then.

 

Bearden told the county to cease issuing same-sex licenses until
the Oregon Legislature has a chance to fashion a new law, perhaps
allowing Vermont-style civil unions.

 

He gave the Oregon Legislature 90 days from the start of its
next session to come up with the new law. If that doesn't happen,
Multnomah County can resume issuing marriage licenses to gays and
lesbians.

 

The Legislature could convene in Salem as early as June, for a
special session that was intended to focus on tax reform. But the
ruling generated little enthusiasm among lawmakers, who seem leery
about getting bogged down in a stalemated special session this
summer.

 

"They don't want to get into special session that is out of
control," said Senate President Peter Courtney, a Democrat who
supports civil unions.

 

House Speaker Karen Minnis, a Republican who opposes gave
marriage, said the debate should focus not on allowing civil unions
but instead on sending a gay marriage ban to the ballot this
fall.

 

"The best solution would be to amend the state constitution to
define marriage as between one man and one woman _ the definition
of marriage that Oregonians have known for generations," she
said.

 

The judge's ruling came in a lawsuit that has consolidated all
the arguments over same-sex unions in hopes of a quick ruling by
the Oregon Supreme Court.

 

The decision effectively ends gay marriage nationally, at least
until May 17, when Massachusetts is slated to begin allowing gay
marriage following a high court ruling there.

 

Kevin Neely, a spokesman for the Oregon attorney general's
office, called Bearden's decision "a big step in what will be a bit
longer process."

 

"Our goal from the beginning was to get a ruling from the
Supreme Court, but this initial ruling does provide at least some
clarity and a framework for moving to that next step," Neely said.
"The real key here is to give the Legislature an opportunity to
craft a law that the courts will deem constitutionally sound."

 

A half-hour after the ruling, Katharine Sprecher and Nitzye
Gonzalez sobbed in the corner of the county clerk's office, wiping
each others' tears away.

 

They had filled out a marriage application, gotten married at
the Metropolitan Community Church and returned to the county
Tuesday with the paperwork to make it all official. But their
return was just moments too late.

 

"I was a little shell-shocked, I was expecting this day to turn
out very different," said Sprecher. "I didn't realize there was
going to be a ruling today. I thought we had until Thursday."

 

In other developments related to the gay marriage debate, a
California Assembly committee Tuesday approved a bill legalizing
same-sex marriage in the state, although the bill's sponsor said
such a "milestone event" didn't change what will be an uphill
battle to pass it in the full Legislature.

 

Assemblyman Mark Leno said it was the first time a legislative
body has voted to support gay marriage.
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