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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. Finally, the abstract question whether {Oregon
Revised Statute] Chapter 106 confers marriage benefits in violation of Article 1, Sec
tion 20, of the Oregon Constitution is not properly before the court.”
;
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