Benton County stops issuing Marriage Licenses

[ksmybuttons]

I see that EL and Polly Jean aren't here to give you this information, so thought I'd share and thought you might be interested.

Benton County ( a small county here in Oregon) began issuing marriage licenses to same-sex couples. After threats by the Attorney General that he would prosecute, they have made the decision to stop issuing all marriage licenses until a decision is made.

Since you have to register to get this article from The Oregonian, I just C&P for your convenience.

Benton stops all marriage licensing

Pressured by the attorney general to wait for a court ruling on gay marriages, county officials decide to treat "everybody equally"

03/23/04

MARK LARABEE

and JEFF MAPES



Benton County commissioners reversed themselves Monday and then some, voting in an emergency session to stop issuing marriage licenses to anyone -- even heterosexual couples -- until the Oregon Supreme Court rules on whether gay marriages in Oregon are legal.

The vote puts a hold on the county's original plan -- approved last week -- to follow Multnomah County and issue marriage licenses to same-sex couples beginning Wednesday. Multnomah County continues to issue them.

The decision comes after lengthy discussions between Benton County's lawyers and Oregon Attorney General Hardy Myers, who said his office would take legal action to stop the county if it went ahead with the plan.

"It was clear that he would crack down on us," Benton County Commissioner Jay Dixon said after reading from a letter Myers sent to the county Monday.

The letter said: "We are authorized to bring an action. We will do so unless Benton County decides to follow a process that includes the county's postponing the issuance of marriage licenses to same-sex couples pending decisions of the Multnomah County Circuit Court in the litigation that will begin Wednesday."

Under a plan agreed to by both sides of the debate, three couples will sue the state in Multnomah County Circuit Court on Wednesday, and opponents and the county will intervene. Multnomah County Judge Frank Bearden will hold a hearing in mid-April and try to reach a ruling by April 23 on the constitutionality of the state's marriage statute.

Those involved expect Bearden's ruling eventually will go to the Oregon Supreme Court on appeal. Several national groups are trying to persuade the state's highest court to intervene immediately and decide whether the county has the right to issue marriage licenses to same-sex couples.

It's unclear how Benton County's reversal affects a suit filed against the county last week by the Defense of Marriage Coalition. A judge was expected today to decide whether to issue a temporary stop order against the county. A similar suit filed in Multnomah County will be withdrawn under the new agreement.

Dixon said the attorney general made it clear that the state would take legal action if Benton County began issuing licenses Wednesday. He said county commissioners thought the state could go as far as arresting county employees who issued licenses, although Myers never spelled out such a measure.

So to be fair, Dixon said, the three commissioners voted to stop issuing licenses to anyone until courts resolve the matter.

"That treats everybody equally," he said. "It was a question of treating everyone the same. It won't hurt anybody. They can still get licenses in other counties."

Benton County Commission Chairwoman Linda Modrell asked for the public's patience with the "temporary inconvenience."

"Since last week's Benton County decision, there have been significant movements and agreements to accelerate consideration of this issue to the state courts, and this is where the ultimate resolution must take place," she said in a statement. "So we are respecting the attorney general's request that we temporarily postpone issuing same-sex marriage licenses."

Myers -- in reviewing the decision by Multnomah County to issue marriage licenses to same-sex couples -- issued a nonbinding opinion saying that same-sex marriages are illegal under state law. He also said banning such unions probably is unconstitutional

Kevin Neely, Myers' spokesman, said Myers warned county officials that they could face a lawsuit from the state if they issued same-sex marriage licenses.

"It is our goal to have as few counties in violation of that law as possible," Neely said of why Myers pressured Benton County officials to delay.

Myers sends letters

Myers first sent a letter to the county Friday urging officials not to issue the licenses. After telephone discussions with the county chairwoman and county counsel Monday, Myers sent a second, more strongly worded letter.

Neely said Myers did not have a position on the county's decision to stop issuing all marriage licenses, saying that is not an issue the attorney general has been asked to research.

"The strategy that Benton County is using is certainly a unique strategy, but from our perspective, we're pleased they are not issuing these licenses in violation of state law," Neely said.

Roey Thorpe, executive director of Basic Rights Oregon, said she understood that county officials were "put in a very difficult situation, and I support their effort to do the right thing."

"I think it's unfortunate the attorney general would step in and threaten a county that was simply trying to abide by the constitution," she added.

Thorpe said it was "unfortunate this will stand in the way of couples who want to get married in Benton County, whether they are same-sex couples or opposite-sex couples."

Tim Nashif of the Defense of Marriage Coalition, which has been fighting same-sex marriages, blasted the Benton County decision.

"It's just crazy," he said. "I don't understand it. We're happy that they're not giving out licenses that violate the law, but how do they get to the point that they're not issuing licenses to anybody?"

Nashif, whose group is involved in the Multnomah County court case, said if a heterosexual couple is prevented from getting a license in Benton County, "we would be very open to representing their rights in a lawsuit."

Correspondent Alice Tallmadge contributed to this report.

Mark Larabee: 503-294-7664; marklarabee@news.oregonian.com

 

[Pookie]

All or nothing ... cool. That should get some attention.

 

[ExistentialLuv]

ThanKs Buttons

Hi All
Just got the internet back today. Nice to see We were not missed. Drove me crazy not having it to update everyone on the exciting events happening in PJs and my small but liberal community and City.

I have been attending county meetings(news Clip link at bottom) and speaking at them to get this issue resolved. This was one of 3 motions set last week in the first county commisioners meeting. In a tear jerking and unexspected desicion last week, they voted for issuing the same-sex marriage licenses. They stated that the Oregon Constitution superceeds the Law and they could not stand-by and watch the rights of there county residents be violated through tear filled eyes. (Very Emotional)

I was overjoyed by the county commisioners first desison but I commend them for their final desicion last night. This makes it so no ones rights are being violated and no one is discriminated against. Here in Benton County we have an anti-descrimination law . Our Oregon Constitution also states that all Oregon Residents be treated equal.

Benton County Comissioner Moredell says,

"We didn't so much put the brakes on the decision we made last week as that we are consistent with it." "All couples in Benton County will be treated the same."


News Reel Fromm First County Meeting. Can You See Me
http://www.shopfayette-mall.com/mall/fayette/fayette.nsf/1270B44B812175C885256D890052FBE7/$File/applause.gif I made the news

 

[ksmybuttons]

Hey, EL, I looked for your post - I think the coolest part is that the county isn't going to discriminate either direction until a decision is made.

I also thought it interesting that the Attorney General went after little Benton County while leaving the behemoth Multnomah County alone...that's a little discriminating in my view, too - go after the little county that doesn't have the resources available to put up much of a fight. You county answered in a very positive manner. Go Benton County!

 

[ExistentialLuv]

Hey, EL, I looked for your post - I think the coolest part is that the county isn't going to discriminate either direction until a decision is made.

I also thought it interesting that the Attorney General went after little Benton County while leaving the behemoth Multnomah County alone...that's a little discriminating in my view, too - go after the little county that doesn't have the resources available to put up much of a fight. You county answered in a very positive manner. Go Benton County!

I love this county. It is nice to live in a town you can walk around holding your SS partners hand or hugging on them without getting bias remarks or comments from on lookers. Also to live in a County, where our commisioners will not stand by and allow discrimination against a group of people.

Bento County Is A great Place to Live and so is Oregon

 

[Wulf7]

Hey, EL, I looked for your post - I think the coolest part is that the county isn't going to discriminate either direction until a decision is made.

I also thought it interesting that the Attorney General went after little Benton County while leaving the behemoth Multnomah County alone...that's a little discriminating in my view, too - go after the little county that doesn't have the resources available to put up much of a fight. You county answered in a very positive manner. Go Benton County!

Bigger voices in PDX that might oppose the AG than in Benton county even if OSU is there. Why take on the big guy when the little guy is a slam dunk?

I think this is ultimately the best way to go though. Challenge the law in the courts and make it legal. Sets a better precedent than just disobeying a law right off the bat. Well, I guess that pertains more to SF.

Definate kudos to Benton county.

 

[ExistentialLuv]

Know they are trying to recall one of our Commisioners for her vote