jU S t O U t
f lT T ì U T T O m n e w s
ACLU attorney Kenneth Y. Choe spoke on
behalf of the gay and lesbian couples challeng
ing the ban. He said the 1998 Tanner decision
ruled that discrimination against same-sex cou
ples was unconstitutional in terms of benefits for
state employees.
“The exclusion of same-sex couples from
marriage also discriminates against individuals
based on their gender,” Choe added. “Whether
an individual can marry his or her partner
depends on whether he or she is male or female.”
The states attorney, Stephen K. Bushong,
argued that there are different ways to achieve
the benefits of marriage denied gay and lesbian
couples and that the Legislature is the proper
place to detennine how and under what name
access to those benefits might be achieved.
Clark, representing social conservative
groups, said that the framers of the Oregon C on
stitution never envisioned same-sex marriage in
1857 and that their original intent should be
honored. Marriage is for procreation, he asserted:
“By definition, every heterosexual marriage— at
least theoretically— has the biological capability
of producing children.” He urged the court not
to engage in “a massive social experiment.”
“Does that mean that everybody who gets
married and after five years doesn’t have a child,
they are going to get their marriage license
revoked.7” joked plaintiff Dr. Stephen Knox dur
ing the hearing.
Under current state law and policies, Choe
said later in his rebuttal, “all couples who bring
children into their families are expressly afford
ed the same rights and benefits” regardless of
whether they come through traditional pro
creation, artificial means or adoption.
What the plaintiffs seek is a logical extension
of coverage of basic rights that have been
extended to women and minorities since the
Oregon Constitution was written. Choe said the
separate-but-equal alternative that Bushong
suggested would not work.
Multnomah County Attorney Agnes Sowle
said the county was only carrying out its admin
istrative functions as required by the Oregon
Constitution in issuing marriage licenses to
same-sex couples.
She lit into the state, charging: “It’s obvious
that the state is primarily interested in getting the
county to stop issuing the marriage licenses....
The state asks, really, for no more than court-
ordered discrimination.... They are really asking
for an injunction.. .without proving all of the ele
ments that are required in Oregon to prove before
an injunction is entitled to be issued.”
At a joint news conference after the hearing,
Fidanque said: “What we heard from [the oppo
nents] is that Oregon should turn back the ckx:k
to 1857 and that literally every right in history—
which was granted to white men and refused to
women, to racial minorities, to ethnic minori
ties— should have to be fought for in the realm
of majoritarian politics. We do not believe that is
the meaning of the Oregon Bill of Rights. The
whole purpose of the Bill of Rights is to place
some fundamental freedom outside of the realm
of how the majority may feel about that particu
lar right in a given context at a given time.”
Choe added, “What the Defense of Marriage
Coalition has argued is that the judicial branch
has no role in guaranteeing the rights of minori
ties in our society.” But, he noted, the judiciary
“sticks up for minorities when the majoritarian
process tramples on their rights.”
Dr. Eric Warshaw, Knox’s spouse, said, “One
of the important things that we teach our [three
adopted] kids is that discrimination is wrong, no
matter what form it comes in, and we as a fami
ly were discriminated against, and that’s why we
decided to stand up and be here.”
Lead plaintiff Mary Li explained: “Our rela
tionship is about the hope and faith and belief in
our rights as a family. Our marriage was about
that, and we hope that this case will ultimately
affirm that hope and that faith.”
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Plaintiff Dr. Eric Warshaw says he joined
the lawsuit to teach his children that
discrimination is wrong
NOW or Never
T
he National Organization for Women has
resolved to only endorse candidates who
support same-sex civil marriage. NOW vice pres
ident Terry O ’Neil came to Portland to make the
announcement alongside local politicians, elect
ed officials and church leaders April 4.
“Civil unions do not provide the same ben
efits and rights as marriage— and anything less
than the right to marriage relegates lesbian
and gay relationships to second-class status,”
NOW said in a statement. “NOW supports the
repeal of the Defense of Marriage A ct and
opposes an amendment to the U .S. Constitu
tion banning same-sex marriage.” J D
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