ExistentialLuv
Literotica Guru
- Joined
- Aug 14, 2003
- Posts
- 7,596
SALEM, Ore. - Top state political leaders are disputing Multnomah County's right to grant same-sex marriage licenses, and are critical of the months of secretive planning that led to a sudden decision this week to reinterpret Oregon state law in favor of gay marriage.
Democratic Gov. Ted Kulongoski cast doubt on the legality of the licenses Wednesday, even as scores of gay couples tied the knot in hurriedly organized weddings around Portland.
He asked Attorney General Myers for a formal opinion on the matter including what legal action can be taken if it is concluded the county acted illegally.
What The Governor Says
The governor said he favors passing a civil union law for same-sex couples and opposes President Bush's push for amending the U.S. Constitution to ban gay marriage.
However, Kulongoski, a former state Supreme Court justice, said he does not interpret current state law as allowing gay marriage.
"I think when you read it (the law) and consider the time when it was written, they were thinking of a man and a woman getting married," he said. The state's marriage law was passed in 1863.
Kulongoski also criticized county commissioners for the secrecy of their decision making. He said his office didn't get word of their plans until 90 minutes before county officials issued a public statement Tuesday.
What Leaders Are Saying
Republican legislators scoffed at the idea this phrase could be read to endorse gay marriage.
House Speaker Minnis, a Wood Village Republican who represents parts of east Multnomah County, called on Kulongoski and Myers "to uphold Oregon law and defend marriage as between a man and a woman." She said county commissioners had overstepped their authority in reinterpreting the old law.
"Multnomah County cannot suddenly change the definition of marriage in Oregon," Minnis said.
She cited another provision in the marriage law that requires the parties to agree "that they take each other to be husband and wife" - suggesting male and female partners.
Senate Republican Leade Beyer of Molalla criticized the commissioners on a different point - for deciding in secret to begin issuing gay marriage licenses.
"To go behind closed doors and change major public policy is an outrage to our democratic process," Beyer said. "This is a debate that should be conducted in the state Legislature."
He was joined in his criticism by Democratic Sen. Metsger of Welches, who said he was "appalled at the lack of process on an issue of this significance. It was clearly done in a manner to negate public input or getting another legal opinion."
Not all state leaders were critical.
Among state leaders supporting Multnomah County's decision was Brown, the Senate Democratic chief and an acknowledged bisexual.
While the marriage law is ambiguous, Brown said, equal rights provisions of the state constitution are clear in prohibiting discrimination against any one group of people.
Those provisions trump the marriage statute, she said. Brown said the issue will undoubtedly wind up before the Oregon Supreme Court.
"I think the county felt it did what it legally had to do, because their lawyers were saying it is unconstitutional to deny these marriage licenses," she said.
So What Happens Next?
Myers' spokesman, Neely, said Myers will issue an opinion in a few days. "It won't happen this week, but I expect it will be early next week," Neely said.
Such opinions give legal guidance to lawyers and officials but have no binding effect on courts.
The state's 19th Century marriage law defines marriage as a "civil contract entered into in person by males at least 17 years of age and females at least 17 years of age."
(Copyright 2004 by The Associated Press. All Rights Reserved.)
Democratic Gov. Ted Kulongoski cast doubt on the legality of the licenses Wednesday, even as scores of gay couples tied the knot in hurriedly organized weddings around Portland.
He asked Attorney General Myers for a formal opinion on the matter including what legal action can be taken if it is concluded the county acted illegally.
What The Governor Says
The governor said he favors passing a civil union law for same-sex couples and opposes President Bush's push for amending the U.S. Constitution to ban gay marriage.
However, Kulongoski, a former state Supreme Court justice, said he does not interpret current state law as allowing gay marriage.
"I think when you read it (the law) and consider the time when it was written, they were thinking of a man and a woman getting married," he said. The state's marriage law was passed in 1863.
Kulongoski also criticized county commissioners for the secrecy of their decision making. He said his office didn't get word of their plans until 90 minutes before county officials issued a public statement Tuesday.
What Leaders Are Saying
Republican legislators scoffed at the idea this phrase could be read to endorse gay marriage.
House Speaker Minnis, a Wood Village Republican who represents parts of east Multnomah County, called on Kulongoski and Myers "to uphold Oregon law and defend marriage as between a man and a woman." She said county commissioners had overstepped their authority in reinterpreting the old law.
"Multnomah County cannot suddenly change the definition of marriage in Oregon," Minnis said.
She cited another provision in the marriage law that requires the parties to agree "that they take each other to be husband and wife" - suggesting male and female partners.
Senate Republican Leade Beyer of Molalla criticized the commissioners on a different point - for deciding in secret to begin issuing gay marriage licenses.
"To go behind closed doors and change major public policy is an outrage to our democratic process," Beyer said. "This is a debate that should be conducted in the state Legislature."
He was joined in his criticism by Democratic Sen. Metsger of Welches, who said he was "appalled at the lack of process on an issue of this significance. It was clearly done in a manner to negate public input or getting another legal opinion."
Not all state leaders were critical.
Among state leaders supporting Multnomah County's decision was Brown, the Senate Democratic chief and an acknowledged bisexual.
While the marriage law is ambiguous, Brown said, equal rights provisions of the state constitution are clear in prohibiting discrimination against any one group of people.
Those provisions trump the marriage statute, she said. Brown said the issue will undoubtedly wind up before the Oregon Supreme Court.
"I think the county felt it did what it legally had to do, because their lawyers were saying it is unconstitutional to deny these marriage licenses," she said.
So What Happens Next?
Myers' spokesman, Neely, said Myers will issue an opinion in a few days. "It won't happen this week, but I expect it will be early next week," Neely said.
Such opinions give legal guidance to lawyers and officials but have no binding effect on courts.
The state's 19th Century marriage law defines marriage as a "civil contract entered into in person by males at least 17 years of age and females at least 17 years of age."
(Copyright 2004 by The Associated Press. All Rights Reserved.)
