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Oregon Gay Marriages Legal But Judge Orders Halt To More by 365Gay.com from the Web, April 20, 2004 Portland, OR -- An Oregon judge Tuesday struck down an Oregon law that prevents same-sex couples from marrying and ordered Oregon to recognize the 3,000 same-sex marriages that have already been performed. But, Judge Frank Bearden ordered Multnomah County not to issue any further licenses until the courts and the legislature determine how to proceed. He left open the possibilities of either marriage or civil unions. "This is a truly historic day for all of the lesbian and gay people of Oregon, but especially for the 3,000 couples who have already married here," said Roey Thorpe, Executive Director of Basic Rights Oregon. "While you already know in your hearts that you are married, an Oregon court has just taken a giant step toward making sure the state treats your marriage just like all other marriages." Multnomah County began issuing marriage licenses to gays and lesbians on March 3 after a legal review determined it was unconstitutional to ban applications from same-sex couples. But, Gov. Ted Kulongoski and state Attorney General Hardy Myers insist that the issue must be decided by the courts. Lawyers for the American Civil Liberties Union, representing nine gay and lesbian couples then went to court challenging the constitutionality of the state law. In ordering Multnomah County to stop issuing marriage licenses to same-sex couples Judge Bearden said the county could resume issuing licenses if the legislature does not come up with a remedy for the discrimination within 90 days of the next legislative session, whether regular or special. "This court rightly recognized that same-sex couples are discriminated against by the state in marriage," said David Fidanque, Executive Director of the ACLU or Oregon. "But by acknowledging this discrimination, the judge should have also realized that it cannot be fixed by creating a system of civil unions that does nothing more than highlight the discrimination," Fidanque added. "Where is the equality when same-sex couples are forced to refer to their relationships as 'unions' while straight couples get the preferred and more socially acceptable term of marriage? You can't use the law to say one group of Americans is not as good as another." Of the couples represented by the ACLU, four are already married after receiving licenses in Multnomah County, two were hoping to get licenses from Benton County before the decision to stop issuing all marriage licenses there, two were denied marriage licenses from the clerk in Lane County, and one has not applied yet. Earlier, members of anti-gay Rev. Fred Phelps demonstrated in front of the Oregon Supreme Court in Salem to protest against same-sex marriage. |
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