Oregon daily emerald. (Eugene, Or.) 1920-2012, March 04, 2004, Page 16, Image 16

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O
PORTLAND
continued from page 1
Oregon Supreme Court Justice Betty
Roberts allowed the couple to say
their vows and, after an exchange of
rings, declared them legally married.
"I must say I am honored to have
been asked to officiate these cere
monies," Roberts said. "Over the
years I've presided at many weddings
and I know from talking with these
(couples) that they fully understand
the commitment, love and flexibility
needed for any successful marriage."
Following the first wedding, Dr.
Stephen Knox, an anesthesiologist,
and Dr. Eric Warshaw, a gynecologist,
were also married by Roberts. The
Portland couple, who have been to
gether for 10 years and have three
children, expressed elation about
joining the ranks of married people.
"We're a family, like millions of other
families in America," Warshaw said.
Basic Rights Oregon Executive Di
rector Roey Thorpe and American
Civil Liberties Union of Oregon Exec
utive Director David Fidanque also
made brief statements following the
ceremonies expressing support for
same-sex marriage.
"Marriage is a basic right," Thorpe
said. "Basic Rights Oregon strongly
believes that state law ... will stand
behind this decision."
The Multnomah debate
As a swarm of people gathered
outside the Multnomah County
headquarters at 501 S.E. Hawthorne
Blvd. on Wednesday morning, four
Multnomah County commissioners
called a press conference to official
ly announce their intention to dis
tribute marriage licenses to same
sex couples.
Multnomah County Attorney
Agnes Sowle said that after a review
of Article I, Section 20 of the Oregon
Constitution, which prohibits fa
voritism in the law, she concluded in
a published opinion that denying
marriage licenses to same-sex couples
would violate the constitution.
The five-page opinion — which
was deemed legally sound by Port
land lawyer Charles F. Hinkle and en
dorsed by four of the five Multnomah
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Erik R. Bishoff Photographer
The breezeway of the Multnomah County headquarters was packed with couples lining up to apply for their licenses Wednesday. Wedding
bound couple Douglas Calkins (left) and Anthony Stick filled out paperwork while waiting to get inside the building.
commissioners — paved the way for
Board Chairwoman Diane Linn to au
thorize the marriages.
"What this means is that this coun
ty will comply with the constitution
and will issue marriage licenses to
same-sex couples who request them,"
Linn said. "I took an oath of office to
uphold the constitution of the state
of Oregon. I intend to do just that."
Sowle said the opinion has been
sent to all counties in Oregon with
the recommendation that they adopt
the same policy.
Other Muknomah commissioners,
many who attended the morning's
wedding ceremonies at the Portland
Hilton and Executive Tower, echoed
that oath.
"We will not allow discrimination
to continue when the constitution of
the state of Oregon grants privileges
equally to all citizens," Commission
er Lisa Naito said. "I will defend the
rights granted in the constitution."
Article I, Section 20 of the Oregon
Constitution states that "No law shall
be passed granting to any citizen or
class of citizens privileges, or immu
nities, which, upon the same terms,
shall not equally belong to all citi
zens." Oregon is one of 12 states that
hasn't adopted specific anti-gay mar
riage laws.
Missing from the press conference
was Commissioner Lonnie Roberts,
the lone dissenter of the group. He
sat in his spacious sixth-floor office
while reporters grilled the remaining
commissioners about his absence,
asking if rumors were true that he was
intentionally left out.
Linn responded, denying that
Oregon Public Meetings Law had
been violated during the decision
making process.
"We respect our colleague's opin
ion on this," she said. But "he chose
not to (participate)."
Roberts saw it differently. At a small
press conference held in his office min
utes after the other commissioners
finished, Roberts said the process was
secretive and unfair.
"I was left out of the loop as far as
the initial discussions," he said. "And
it goes beyond that to the fact that
this conversation and this issue
should have been brought before the
full board at an open hearing and al
low all the citizens on all sides of this
issue to take part. It was not."
Roberts, who disagrees with
Sowle's constitutional interpretation,
said only the courts or a voter-based
referendum will bring true under
standing and closure to the issue.
"I think that we should clarify (the
constitution) because, regardless of
whether 1 disagree with the final out
come, if it's very clear as to what the
constitution and the laws say... then
that's it," he said. "I believe you
should obey the laws, even if you dis
agree with them."
Oregon Gov. Ted Kulongoski said
he plans to do just that. Kulongoski
spokeswoman Marian Hammond
said Kulongoski has asked Attorney
General Hardy Myers to review the
county's decision. Myers is expected
to respond sometime next week.
"Basically, the governor has asked
the attorney general to answer the
question of whether or not the coun
ty's actions are legal or constitution
al," Hammond said, adding that Ku
longoski supports civil unions for
same-sex couples.
Calls to Myers' office were not re
turned.
Protesters and
supporters face off
At 9:40 a.m., after the commission
ers' separate press conferences ended,
tempers flared in a tense moment
when Li and Knox, each representing
one-half of the first two couples to re
ceive marriage licenses, emerged
from the building. A few protesters,
screaming and taunting Li and Knox
as the two held their licenses in the
air, approached the growing crowd of
cheering supporters.
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"You filthy sinners!" screamed one
protester as he pushed his way to
ward Li and Knox.
Multnomah County Sheriff s offi
cers, who were milling around the
building during the day to keep or
der, immediately stepped in to clear
the growing mob of mostly eager
media officials cramming in for in
terviews, and forced the protesters
back to their designated area near
the sidewalk.
In the protesters' area, about 20
people paced up and down South
east Hawthorne Boulevard, carrying
signs — one reading "Man +
Woman = Marriage" — and chanti
ng anti-gay slogans at the line of
same-sex couples and supporters cir
cling the block.
Protester Brian Dahrens of Oregon
City took issue to what he viewed as
an unfair and secretive process lead
ing up to the county's decision.
"I believe this is a complete
breach of everything democratic," he
said. "I wasn't allowed to say my
opinion. To me that's a breakdown
of the system."
Another protester, 30-year-old Ja
son Cox of Portland, said that, be
yond what he called an anti-demo
cratic process, he also views same-sex
marriage as sinful.
"I'm just totally against it," he said.
"I'm Christian. It says in the Bible
that it's immoral."
On the other side of the fence,
same-sex couples and their support
ers rallied throughout the day, yelling
their own epitaphs, carrying their
own signs and throwing rice as new
couples emerged with $60 marriage
licenses in hand.
Kathy Okay of Corvallis, who was
in line with her partner, Kels, called
the day simply "fantastic."
"It recognizes us," she said. "It rec
ognizes same-sex couples for the first
time in history."
Contact the managing editor
atjanmontry@dailyemerald.com.
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