We were going to post this as an update to our most recent item on this topic, but since it's so specific and so local, we figured it should just get dropped into its own post. An OPB News story from yesterday ends with this bit:

In the meantime, lawyers for Multnomah County are looking into whether it's allowed to issue marriage licenses to same sex couples. State law says counties can issue licenses to males older than 17 and females older than 17.

But it doesn't say the marriage must be between a male and a female, though the two are required to declare an oath as husband and wife. County Counsel Agnes Sowle says any day now a same sex couple could ask for a marriage license in Portland, just like in San Francisco.

For what it's worth, they speak here of Chapter 106 of the Oregon Revised Statutes. One issue here is the definition of marriage:

106.010 Marriage as civil contract; age of parties. Marriage is a civil contract entered into in person by males at least 17 years of age and females at least 17 years of age, who are otherwise capable, and solemnized in accordance with ORS 106.150.

The argument would be that this doesn't specify that the couple in question has to be one male and one female. Opponents of same-sex marriage likely would argue that the clear intent of the above is for the couple in question to be of different genders. A court would have to sort that one out.

And then there's the question of solemnization:

106.150 Form of solemnization; witnesses; solemnization before congregation. (1) In the solemnization of a marriage no particular form is required except that the parties thereto shall assent or declare in the presence of the clergyperson, county clerk or judicial officer solemnizing the marriage and in the presence of at least two witnesses, that they take each other to be husband and wife.

We suppose the County is trying to determine whether or not members of a same-sex couple can declare that they "take each other to be husband and wife" since Chapter 106 doesn't appear to define "husband' or "wife" in its provisions. Opponents of same-sex marriage, we imagine, could argue that there is a "plain language meaning" to those words.

But the law doesn't state that those getting married have to be husband and wife, merely that they have to say those specific words.

Pretty thin line, but if the County moves forward, it could sure throw a bizarre edge into activities on the local front.

This entry was posted by The One True b!X on February 25th, 2004, at 2:52 PM and is filed under Law Enforcement & Legal Issues, Metro-Area Politics, Same-Sex Marriage. There are five comments (most recently on March 3rd, 2004, at 10:04 PM) and .