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MARCH 18. 2011
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Beth Allen I aw
Beth A. Allen, founding partner: winner of the Oregon
Gay & Lesbian Law Association (OGALLA) Silver
Jubilee Award; OGALLA Award of Merit; and the Basic
Rights Oregon Superhero Award. Selected as a 2010
Oregon Super Lawyer. Founding member of the
BRO Legal Group; author of Same-Sex Marriage: a
Conflicts of Law Analysis for Oregon; frequent local,
state and national speaker on marriage equality.
H o m e S w eet H o m e
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215 NE 79th Ave
4 bedrooms. Spacious kitchen with new tile
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Cdid J. Lyon,
Principal Broker ( licensed in O regon )
cell 503-260-6231
office 503-238-1700 ext. 635
fax 503-296-5540
email CeliaLyon@aol.com
1902 SE Morrison St. Portland, O R 97214
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brewing for a ballot initiative that would do thority to grant marriages in Oregon.
An initiative to ban same-sex marriage in
the same in Oregon.
So leaders from BRO met with select Oregon, Ballot Measure 36, also went to vot
Multnomah County commissioners in Janu ers, who approved it in November 2004 by 57
ary 2004. They made a plan to bring gay mar percent.
For Linn, the ordeal was the beginning of
riage to Oregon’s most-populous county while
the issue was hot—and before it could be the end of her political career in Oregon, she
says. Two years later, she lost her bid for
roadblocked like it had been in other states.
“We were trying desperately to put the issue reelection.
“If I had to do it over again, I would make
in f ront o f the public in a positive way, to put a
face on the issue of same-sex marriage before the same decision,” says Linn, who now works
it hit the ballot,” says Diane Linn, who was for the Ritter Center, a nonprofit in the San
Francisco Bay area.
then Multnomah County chair.
“I stand unequivocal in my support o f my
Their plan hinged on opinions they sought
from County Attorney Agnes Sowle and con decision on same-sex marriage,” Linn says. “I
stitutional lawyer Charles Hinkle, who both wish it had been possible to do it better.”
A New Push
decided that denying marriages to same-sex
BRO is preparing to take another swing at
couples would be a violation o f equal rights
marriage equality.
under Oregon law.
Public opinion on the
But because of the sen
"It was overwhelming.
issue has swayed dramati
sitive nature of the talks,
they were kept secret— Not only was I not going to cally during the past seven
even from one county
get fired or get beaten up, years. Last fall, 52 percent
commissioner,
Lonnie
of respondents to a CNN
poll said same-sex couples
Roberts, who supported but I was actually going to
civil unions for gay couples,
should have the right to
be legally recognized for
marry. Only 33 percent re
hut not marriage.
sponded the same way to a
So when news broke who I was.”
— PAT E M M E R S O N
similar poll in spring 2004.
March 2, 2004 that the
county would begin issuing marriage licenses
“It’s clear that change is headed in the right
to same-sex couples, critics cried foul not only direction,” says Frazzini o f BRO. “It’s just a
on the principle of gay weddings, hut on the matter of accelerating that change.”
lack o f public disclosure.
Frazzini points to the five states (Massa
“The reaction both nationally and locally hit chusetts, Connecticut, Iowa, Vermont and
us between the eyes pretty hard,” Linn shares. New Hampshire) and the District o f Colum
Linn says she wasn’t technically required to bia where same-sex marriage is now legal. No
disclose the plans. But she admits that looking state had full-fledged marriage in spring 2004.
back, strategic public dialogue could have ben Sixteen states now have some form o f same-
efited the effort. At the time, though, she sex relationship recognition, like civil unions.
feared any disclosure would have prompted Also, the Coquille Tribe in Oregon legalized
someone to file a court injunction before li same sex-marriage in 2008.
censes could be issued.
Though 42 states ban same-sex marriage,
“Not a single couple would have been mar Oregon passed its ban, Ballot Measure 36, by
ried that spring,” she says. “There would be no the smallest margin o f any vote in the country.
anniversary to celebrate.”
Frazzini attributes part o f the loss to the
After the announcement, a court case was heated debate surrounding the vote.
opened and marriages were stopped seven
“Voters had a very short time to consider
weeks after they had begun—hut not before this issue in the context o f a political battle
3,022 couples were able to marry. The case with both sides hollering their issues,” she
would eventually end with the court ruling says.
that Multnomah County did not have the au
But now, BRO believes Oregon can reverse
4
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