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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (April 15, 2005)
k’[I Sinews B ack to the D rawing B oard R ights S tripped A way City reacts to a blow for marriage equality by Jaymee R. Cuti Details on marriage nullifications, governor's civil union legislation by Sarah Dougher he Oregon Supreme Court handed amend Oregon’s existing nondiscrimination down a judgment April 14 in Li vs. laws to prohibit bias based on sexual orientation Oregon, which argued that the in housing, employment, public accommoda state cannot exclude same-sex cou tion, education and public services statewide. ples from marriage, because this Kulongoski’s introduction of this legislation denies same-sex couples and their children is small the consolation for the thousands of couples advantages that come with marriage. The court who recently celebrated their first anniversaries. effectively nullified the more than 3,000 mar Oregon law does not adequately address dis riages that took place in March and April 2004, crimination against individuals or couples based denying those same-sex couples the rights and on sexual orientation. While a patchwork of responsibilities of marriage. nondiscrimination laws exist in a handful of Lawyer Charles Hinkle, who filed one of the cities and counties, it is legal in most of the state friend-of-the-court briefs supporting the suit, to evict a gixxJ tenant, deny a patron service at noted: “Courts jealously a restaurant or refuse to hire a guard their prerogative qualified candidate just because It is legal in most of the to deem what is consti of a person’s real or perceived sex state to evict a good tenant, ual orientation or gender identity. tutional and what is not. They made it clear the Without the establishment of deny a patron service county commissioners a legal relationship to one anoth had no business deciding er, same-sex couples lack critical at a restaurant or refuse constitutional questions. protections that support families That’s a job for the to hire a qualified candidate in times of crisis, allow commit courts. The silver lining ted partners to care for one just because of a person's is the court did not say another and keep children and anything about civil families protected from discrimi real or perceived sexual unions and specifically nation. While a limited number said it was not deciding orientation or gender identity. of protections can be obtained this question.” through contracts and legal This is fortunate because Gov. Ted Kulon arrangements, these options are costly and fall goski announced April 13 that, on behalf of seriously short of the full spectrum of protections Basic Rights Oregon, he will request a bill in the families require. state Senate to provide legal protections and Reacting to the decision, Human Rights recognition of committed same-sex relation Campaign leader Joe Solmonese said: “In the ships through civil unions and outlaw discrimi blink of an eye, more than 3,000 committed nation based on sexual orientation. Both pieces couples are now strangers under law. Today is an of legislation are combined in the new bill, incredibly sad day for fairness and equality in which is co-sponsored by Senate Majority Oregon. But tomorrow the fight will continue. Leader Kate Brown, D-Portland, and Sens. “Struggles to end inequality do not succeed Frank Morse, R-Albany; Ben Westlund, overnight. This is the latest chapter in a long R-Tumalo; and Alan Bates, D-Ashland. movement, and we feel confident that Oregon Senate Bill 1000 would amend Oregon law courts will eventually put an end to the exclu to create civil unions, defined as a civil contract sion of committed same-sex couples from the entered into by two members of the same sex protections and responsibilities that other Ore who are at least 17 years old and are not first gonians depend on.” cousins or nearer of kin and are not parties to a A statement from BRO made immediately marriage or another civil union. While a civil after the decision echoed this sentiment« “We union is not a marriage, the bill would confer on know that struggles to end inequality do not suc same-sex couples the legal protections, rights ceed overnight. This is the latest chapter in a long and responsibilities generally afforded to oppo movement. Growing public understanding and the momentum of history are on our side.” JM site-sex couples through marriage and would T op»»«*, we do all the civic duties that everybody else he state’s highest court slapped does, and the government still expects us to be Multnomah County queers back outstanding citizens, but at a certain point, our down to second-class citizens by rights need to be recognized,” she said. nullifying more than 3,000 mar Portland Mayor Tom Potter, whose daugh riages between same-se^ couples. ter Katie’s marriage to her same-sex partner was The ruling was met with mixed reactions. nullified in this decision, issued this statement: “My reaction is one of great sadness. I was “To deny two people the basic legal rights that hanging on to a glimmer of hope that the mar every American in a loving, committed rela riages would stay intact,” said Juan Martinez, tionship enjoys simply because of their gender who has filed a separate lawsuit against the state is a slap at the core moral values that shaped for the right to marry. our country, and a denial of our collective Martinez is steadfast on his mission. humanity.” “1 now know the fight that involves my case County Commissioner Maria Rojo de Stef- has just become more important. We have had fey, who is in part responsible for approving a setback today, but we have to continue and same-sex marriage in Multnomah County, said remain positive that something good will come phone calls continue to pour into her office, of this,” he said. thanking her for doing the right thing. Others have given up hope for marriage “My heart goes out to those people who were equality in the near future. married and who want to be married and the “I don’t see marriages in this country in my families affected by it. The decision, to me, takes lifetime, but I’m hoping it will happen in my the human element of marriage.” children’s lifetime, that they will see the equali Rojo said she remains hopeful for marriage ty that their mothers fought for, stood on the equality in Oregon. front lines for,” said author and educator Mary “I know that we’re going to get there. It’s just Ann Humphrey-Keever, 61. going to take some time, hard work and...peo The ruling rocked fundamental principles for ple not giving up. I’m not giving up.” her. “The problem that 1 see here is laws are Though civil unions are a huge advance made to protect the minority, not rhe majority,” ment for same-sex couples, the consolation prize she said. strikes some as reminiscent of accommodations Humphrey-Keever and her partner of 20 for African Americans during the civil rights years had sought marriage in Canada, San Fran era. cisco and Multnomah County. She sees the “1 still think it’s ‘separate but equal.’ I deserve right to marry as an equality issue. just as much as anyone else—full acceptance “We pay taxes, we pay property taxes, we’ve with a full rights,” said Martinez. “I’m not going supported the schools, we vote in every election, to accept anything less.” JM T From the court ruling in Li vs. Oregon n summary, we conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to oppo site-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses Issued to same-sex couples in Multnomah County before that date were Issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs* claims prop erly before the court is well taken. 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