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Same-sex marriage case to be expedited By AP from gtconnect.com from the Web, March 20, 2004 Myers urges counties, including Benton, to defer issuing same-sex licenses PORTLAND — Gov. Ted Kulongoski said Friday that both sides in the dispute over gay marriage have reached agreement to speed the case to the Oregon Supreme Court, with a lower court ruling possibly expected before the end of April. The governor said the agreement came after he met with state Attorney General Hardy Myers earlier this week to review the legal challenges to Multnomah County's decision to issue marriage licenses to same-sex couples. Benton County has since decided to issue marriage licenses to gay and lesbian couples, starting at 9 a.m. Wednesday. Other counties have decided to await any Oregon Supreme Court ruling, following Myers' advice, which he outlined in a March 12 legal opinion that said gay marriage violates current state law. In a news release Friday, Myers said he had "urged every county, including Benton County, to defer issuing any marriage licenses to same-sex couples at least until the Multnomah County Circuit Court can rule on the constitutional issues." In a news release of their own, attorneys for the Defense of Marriage Coalition and eight Benton County residents suing to block the county's decision urged county commissioners to bow to Myers' request. But commissioners told the Gazette-Times they had not actually received the attorney general's request, which was delivered to county offices late Friday afternoon. "My understanding is it came in around 4 or 4:30," said Commissioner Annabelle Jaramillo, who voted in favor of issuing same-sex marriage licenses. She declined to speculate on how the three-member panel might rule on Myers' request but said it likely would be discussed during Tuesday's scheduled commission meeting at Benton Plaza. Commissioner Jay Dixon, who voted against issuing the licenses, said the commissioners had not discussed what to do about the attorney general's request but that he favored a swift legal resolution. "My opinion is, expedite it," Dixon said. "I don't know about the others. We'll meet Tuesday to discuss it." Commission Chairwoman Linda Modrell, who voted in favor of issuing the licenses, said the matter might be aired during an executive session at Tuesday's meeting. Like Dixon, she said she hoped the matter would be settled soon. "The quicker we can get this to the Supreme Court, the better it would be for the community and the state," she said. "We need uniformity and certainty of the law in Oregon," Kulongoski said in a prepared statement. The governor noted that "having some counties that are in compliance with the law and others that are choosing to disregard the law is an untenable situation for our state." Multnomah County Chairwoman Diane Linn said the county will work with Myers to expedite hearings on a new case to be filed by the American Civil Liberties Union seeking a declaration that any marriage law which excludes same-sex couples is unconstitutional. "We expect our lawsuit to be the case that determines the issue," said Dave Fidanque, director of the ACLU chapter in Oregon. Kevin Neely, spokesman for Myers, said all legal briefs in the case must be submitted to Multnomah County Circuit Judge Frank Bearden by April 14. A hearing and possibly a ruling by the lower court are expected before the end of April that will set the stage for an immediate appeal. But Neely warned there was no way to predict how fast the case will reach the Oregon Supreme Court. "It's almost impossible to speculate," Neely said. "But certainly we believe and most Oregonians believe that getting the issue before the Supreme Court is in the best interest of the state and we believe today's agreement is an important step in the right direction," Neely said. Kulongoski has urged that Oregonians allow the courts to settle the issue but the chief opponent to same-sex unions, the Defense of Marriage Coalition, has already filed an initiative for a statewide ballot measure to approve a state constitutional amendment that would limit marriage to a man and a woman. In his statement Friday, the governor emphasized the state must treat all citizens fairly. "I believe that Oregonians have an interest in encouraging long-term, stable relationships between committed couples," Kulongoski said. "Those gay and lesbian couples should have all of the state-sanctioned rights and responsibilities that extend to heterosexual couples." He added he would lead a fight in the next legislative session for an anti-discrimination statute and that he is opposed to a constitutional amendment.
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