The Oregon
supreme court on Thursday nullified nearly 3,000 marriage
licenses issued to same-sex couples by Multnomah County a
year ago, saying a single county couldn't take such action
on its own. The court said that while the county can
question the constitutionality of laws governing marriage,
such laws are a matter of statewide concern, so the county
had no authority to issue licenses to gay and lesbian couples.
The court noted that last November, Oregonians
approved a constitutional amendment that defines marriage as
the union of one man and one woman. The court also said that
long before that vote, state law had set the same
limitations on marriage since Oregon became a state. "Today,
marriage in Oregon--an institution once limited to
opposite-sex couples only by statute--now is so limited by
the state constitution as well," the court ruling said.
The court left the door open for state legislators to
craft an alternative to same-sex marriages, such as civil
unions. "We conclude that Oregon law currently places the
regulation of marriage exclusively within the province of
the state's legislative power," the court said. Members of
the legislature have been awaiting the ruling to give them
guidance on how to proceed on the issue. A day earlier, Gov.
Ted Kulongoski said he will push for a law allowing gay
couples to form civil unions that would give them many of
the rights available to married couples.
Multnomah County began issuing marriage licenses to
gay couples last April, arguing that not doing so violated
the state constitution. A judge ordered the practice ceased
about six weeks later, but not before nearly 3,000 same-sex
couples had wed. Vermont is the first and still the only
state to offer civil unions to gays, passing a law in 2000.
Massachusetts has allowed same-sex marriage since last May.
Both those changes came about after court rulings.
Kulongoski's backing of a civil unions law expands on
his announcement in January that he would support
legislation extending antidiscrimination protections to
gays. "As I stated in January, we face a great moral
challenge to make sure opportunity is an open door through
which every citizen can pass--not a revolving door which
turns for some and doesn't budge for others," he said. The
state's leading gay rights group, Basic Rights Oregon,
praised the governor's decision to move ahead on civil
unions legislation. (AP)