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Monday, March 15, 2004
Since 1900 University of Oregon Eugene, Oregon
Volume 105, Issue 120
Myers declares
gay marriages
violate Ore. law
The state’s attorney general and governor said
same-sex marriages violate state statutes, but
deferred the issue to the Oregon Supreme Court
By Parker Howell
Freelance Reporter
Oregon Attorney General Hardy Myers released an advisory
„ statement Friday concluding that current state law prohibits
counties from issuing same-sex marriage licenses.
0 However, Myers' statement, which was prepared in response
to Multnomah County's recent decision to award same-sex
’ marriage licenses, also concedes those existing state statutes
may be unconstitutional.
Although Oregon Gov. Ted Kulongoski urged Multnomah
County to refrain from issuing same-sex marriage licenses, nei
ther he nor Myers proposed specific action to prohibit the
county from doing so, nor did they advocate pursuing crimi
nal charges against county officials.
Myers' summarized his statement during an afternoon press
conference in Salem with Kulongoski.
"... we conclude that existing Oregon statutes authorize is
suance of a marriage license only to one man and one
woman," Myers said in his statement, indicating that same
sex marriage is "not permissible" under state law.
Myers said in the brief that the Oregon Constitution doesn't
contain any provisions preventing the Oregon Legislature
from enacting a law allowing same-sex marriage. But he
stressed at the press conference that the statutes and constitu
tional provisions are open to a variety of interpretations.
He added that marriage clearly gives people legal rights,
benefits and obligations under current Oregon laws, and
denying these rights to a certain group of people could be
deemed unconstitutional.
"The Oregon Supreme Court likely would conclude that
withholding from same-sex couples legal rights ... violates Ar
ticle I, section 20, of the Oregon Constitution," Myers said in
his brief.
Citing Myers' findings, Kulongoski said at the press conference
Turn to VIOLATE, page 14A
Sizzling with style
LGBTQA held a drag show Saturday to raise awareness about HIV and AIDS
Erik R. Bishoff Photographer
Drag entertainer DRED performs for the sold-out crowd of “Sizzle! ” in the EMU ballroom on Saturday night.
Amid bow ties and boas, pimp furs
and parasols, mustaches and mini
flapper dresses, hundreds of students
and community members celebrated
"fluid sexuality" Saturday night in the
EMU Ballroom.
LGBTQA sponsored the sold-out
drag show, entitled "Sizzle!," to raise
awareness about AIDS and HIV.
Many people were unable to get into
the ballroom, and some were left sit
ting on the floor. Visiting Los Angeles
performer DRED dominated the stage
for the first half of the event with her
drag king outfit. She elicited wild ap
plause with a rendition of "Natural
Woman" and answered questions
from audience members, including
"Where's your favorite place to shop?"
and "Can I have your number?"
Audience members also made cat
calls in response to her singing and
dancing.
"She was provocative and entertain
ing," junior Erin Baldwin said. "She
raised great questions about gender in
our society."
Dred's Web site describes her as an
artist, poet, educator, activist, singer
and gender-illusioning woman.
"Her shows are visually stimulat
ing, thought-provoking, funky, fly, su
pernatural-high musical performanc
es on gender-fluidity," the Web site
states. "Through her performances
she brings attention to how society
domesticates us into our precon
ceived notions of sexuality, race, gen
der, life, humanity and spirituality,
bringing us one step closer to losing
our inhibitions, prejudices and
stereotypes we come into contact with
daily."
— Catherine Ryan
Judge says EPD lacked probable cause in party bust
All charges against student
Patrick McEachern based
on a 2002 bust at his
apartment were dropped
By Chuck Slothower
News Reporter
^ University senior Patrick McEachern
4 fought the law, and he won.
The business administration major
faced three charges related to a party he
hosted on Nov. 17,2002, but they were all
dropped after a municipal judge ruled that
the Eugene Police Department illegally
gathered the evidence against him.
ASUO Legal Services Director Ilona
Koleszar, who represented McEachern in
court, said illegal entry is part of a pattern
of aggressive police tactics to enter and
break up parties where officers believe mi
nors are consuming alcohol.
"Their theory seems to be if two or more
gather in the name of fun, it must be
crime," Koleszar said.
EPD recently used undercover officers
— for the first time ever — to enter a party
last month. About $ 15,000 worth of musi
cal equipment was confiscated by the Ore
gon Liquor Control Commission, and
EPD confiscated two kegs and cited 17 mi
nors for underage drinking.
Eugene Police Lt. Chuck Tilby said
EPD's tactics are in line with common po
lice practices around the nation.
"We compare ourselves with other agen
cies that face these same kinds of circum
stances all across the country," Tilby said.
"We're all doing the same thing. There are
only so many tools."
EPD has said it will continue to use
undercover officers as part of its plan to
"proactively" prevent riots, and EPD offi
cer Terry Fitzpatrick told the Emerald in
February that the tactics are perfectly legal.
"If none of these problems happened,
would we be approaching it in the same
way?" Tilby said. "Probably not."
McEachern's story is one in which EPD's
conduct was deemed lawless.
McEachern was cited in November
2002 by EPD for furnishing alcohol to mi
nors, possession of less than an ounce of
marijuana and minor in possession in
connection with a party he hosted at his
Ducks Village apartment.
According to the police report, EPD of
ficers knocked on McEachern's door and
ordered him to open it. When no one an
swered, an officer climbed onto McEach
ern's second-floor balcony and entered
Turn to BUST, page 14A
Lauren Wimer Photographer
EPD entered this Ducks Village apartment by climbing onto the balcony
to break up a party in 2002. A judge ruled they used illegal tactics.
WEATHER
INSIDE
NEXT ISSUE
Campus buzz.16A Crossword.15A
Classifieds.14A Nation & World.6A
Commentary..2A Sports.9A
The Emerald will
resume publishing
on March 29