March 12, 2004
(Updated) Breaking News: Attorney General Sides With Same-Sex Marriage Opponents
Note: This post has been updated. Any and all updates appear at the end of the original post.
Well we hit the wrong button and published breaking news that the state Attorney General had issued an opinion saying that same-sex marriage was illegal in Oregon.
Conflicting reports erupted depending on the source of the news, some saying "legal" and some saying "illegal."
As the Governor speaks at a news conference right now, he has announced that Attorney General's legal opinion indeed states that issuance of same-sex marriage licenses is not permissable under Oregon statutes, but he does concede that it might be unconstitutional to deny such licenses.
"Until the Supreme Court rules, we should abide by the laws of the state of Oregon just as we abide by every other law," Kulongoski said.
"Without the rule of law our system of governance cannot function," he added.
He has asked the Attorney General for "further advice" on how best to get the matter before the Supreme Court for "final resolution."
Update
Attorney General Myers' says Oregon state law "unquestionably" limits marriages to different-sex couples. His opinion (pdf) is available.
As for the constitutional issue, his office determined that same-sex couples likely would be considered a "suspect class" in relation to Acticle I, section 20, of the Oregon Constitution, and that the marriage statute may also be discriminatory based upon gender. At the news conference, he notes other aspects which also would likely make the marriage statute unconstitutional.
Myers' is advising Oregon governments to follow Oregon statutory law until the Oregon Supreme Court can resolve the constitutional conflict.
The Attorney General also went out of his way to explain that this debate is over state marriage, and has no impact whatsoever on the institution of religious marriage.
Update
While not ordering them to do so, the Governor has expressed his preference that Multnomah County cease issuing marriage licenses until the constitutional matter is resolved in the courts. He also expressed deep disagreement with the process used by the County.
Update
The trouble with breaking news is you post something and then get the details fleshed out. Technically, the opinion does not, as this headline suggests, side with opponents of same-sex marriage. It merely says that the statutory definition of marriage requires denial of same-sex licenses -- but then argues that the Oregon Constitution likely trumps that statute anyway.
In reality, this headline is inaccurate. In reality, the opinion tends to support the County's contention that the Constitution controls here. In reality, while the opinion says same-sex marriage is illegal statutorily, it also says it's likely permissable constitutionally.