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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (March 5, 2004)
5.2004 Multnomah County issues marriage licenses to same-sex couples by Jim Radosta • Photos by Marty Davis I “Same-sex couples want their relationships to have the same legal weight as heterosexual relationships— the right to inherit assets, own their homes jointly and cover their families with health insurance.” According to BRO executive director Roey Thorpe, only The surprise decision was kept under wraps until marriage provides the same full legal protections to same-sex March 2, hut officials had been working behind the scenes couples and their families afforded to opposite-sex couples. for weeks to determine the constitutionality of denying mar Marriage offers more than 1,000 federal and 500 state legal riage licenses based on gender or sexual orientation. Having protections and rights affecting matters such as court testimo been approached by Basic Rights Oregon, County Commis ny, tax breaks, parenting, benefits for the spouses of police offi sioners Lisa Naito and Serena Cruz asked County Attorney cers and firefighters, hospital visitation, end-of-life decisions, Agnes Sowle whether this type of discrimination is permissible burial and inheritance. under current law. “Marriage is about protecting and recog “Refusal to issue marriage licenses to same-sex couples vio nizing families— all families,” Thorpe said. lates Article 1, Section 20, of the Oregon “Gay and lesbian couples and their children Constitution,” Sowle’s opinion stated. deserve the-same support and benefits that “Multnomah County is required to act in any other family in the state receives as a accordance with the constitution.” result of marriage.” The constitution prohibits the state, a Unlike San Francisco, which has issued municipality or any other government thousands of marriage licenses to same-sex actor from discriminating against an indi couples since Feb. 12, Oregon does not have a vidual on the basis of a protected class in “Defense of Marriage A ct” that specifically the enactment or the administration of a defines marriage as “between a man and a state law. The Oregon Court of Appeal woman.” However, four versions of a proposed ruled in 1998 s Tanner vs. Oregon Health initiative were filed Feb. 19 that would take Sciences University decision that sexual away any legal recognition of same-sex rela orientation is a class entitled to constitu tionships, including civil unions and domestic tional protection. partnerships, in the state. A measure could “Oregon appellate courts have ruled appear on the November ballot. that discrimination against gay and lesbian Lambda Legal attorney Jennifer C. Pizer, couples by state and local governments is who is part of the legal team defending mar unconstitutional in Oregon,” said David It’s Time, Oregon! executive director ried same-sex couples in San Francisco, Fidanque, American Civil Liberties Lori Buck waiter (right) married her praised Multnomah County for joining the Union of Oregon executive director. partner of seven years, Debra Samuel national trend toward treating same-sex cou “Marriage is a commitment between two ples equally under the law. She was part of the legal team people who choose to share their lives involved in the precedent-setting Tanner litigation. together through good times and had. We applaud Multnomah "The marriages in Multnomah County aren’t just part of a County for recognizing that same-sex couples should not be national trend, they’re part of a long-running tradition of fairness denied the same rights and responsibilities that other married in Oregon," Pizer said. “In our work on behalf of gay and lesbian couples have under state law." couples in Oregon over the years, we’ve seen that the courts and This wasn’t the commissions first effort to recognize gay and the public believe in treating everyone equally and ending dis lesbian families. It launched a domestic partnership registry crimination. Given the state’s long commitment to equal civil Sept. 1, 2000, allowing same- and opposite-sex couples to d(Ku- rights for all Oregonians, it’s a natural development to see local ment their relationship; nearly 600 certificates have been issued officials being responsible about fulfilling their constitutional since then, hut the documents are strictly symbolic. duty and ending this type of discrimination.” “We will not allow discrimination to continue when the con Reaction to the commissioners’ decision v/as all over the stitution of the state of Oregon grants privileges equally to all cit izens,” said Naito, who helped enact the registry 3 1/2 years ago. n a stunning historical move that could forever change the lives of countless families, Mulfnomah Q>unty began issuing marriage licenses to same-sex couples March 3. Without a marriage license, Drs. Eric Warshaw (left) and Stephen Knox said they had to endure “ legal wrangling” to secure protections for their three children From right, former Oregon Supreme Court Justice Betty Roberts officiates at the wedding of Mary Li and Becky Kennedy at the Hilton Hotel From left, Multnomah County Attorney Agnes Sowle meets the press with Commissioners Maria Rojo de Steffey, Diane Linn, Serena Cruz and Lisa Naito
