March 02, 2004

(Updated) Breaking News: Multnomah County To Begin Issuing Same-Sex Marriage Licenses

Portland-Area Civil Rights Battle Begins Wednesday Morning

Note: This post has been updated. Any and all updates appear at the end of the original post.

We must learn to use the telephone. Late last night we sent email to the County Attorney inquiring about the status of their analysis into whether or not Multnomah County could issue same-sex marriage licenses.

We got no response. But a visit to ORblogs mere minutes ago tipped us to the announcement, as My Whim Is Law cheers and Dishpan Dribble jeers.

But let's get to it. First online with the news was this KATU story:

Taking a look at Oregon's marriage law, it states that marriage is a civil contract entered between males who are at least 17 years old and females who are at least 17 years old.
Notice that the law does not say the marriage has to be between a man and a woman.

The story says that "hundreds of gay couples" are expected to take advantage of the County's new position, and that "the Multnomah County Sheriff's Department plans on having extra deputies" on hand.

While we were getting this item together, KGW posted its story on the development:

Meanwhile, the Oregon governor�s office is declining comment until it can independently confirm outside of media reports that the county is in fact issuing such licenses, said spokesperson Mary Ellen Glynn.

We'll continue posting updates to this item as details and information comes in. Meanwhile, we nmow have to decide whether to attend City Council tomorrow for the Downtown Waterfront Urban Renewal Area and parks exclusions decisions.

March 02, 2004

Update

Unless some other outlet manages to get a comment out of them in the meantime, the office of Mayor Vera Katz says they will have a statement tomorrow.

March 02, 2004

Update

As pointed out in the comment to this item (and as the reader in question posted to their own weblog), there is some question about just what will transpire tomorrow. Why? Because of how licenses work in Oregon:

Oregon law requires a three day waiting period before a marriage can take place after a license has been received. However, this waiting period may be waived by the Deputy County Clerk in Multnomah County. The waiver must be signed before the marriage license is issued.

Unfortunately, the Marriage License Section is closed for the day, and there is nothing on their voicemail to indicate just what the plan is for the morning. Given this particular little roadblock, we expect that one plan might be chaos, confusion, and an anti-climactic disappointment.

March 02, 2004

Update

Ok, we have more from the television news. KOIN reports that there will be a news conference at the County building at 9:00 AM tomorrow, at which County Commissioners will discuss the new policy. A majority of the Board of Commissioners reportedly has signed off on the policy, which came about after the County Attorney released their legal opinion regarding the state law on marriage.

Further, KGW now reports that one judge has already issued a statement saying she will schedule time to begin marrying same-sex couples. The station did not happen to say anything about the fact that this cannot occur without a waiver from the Deputy County Clerk.

March 02, 2004

Update

According to an email update, Basic Rights Oregon will be at the Multnomah County offices all week, helping couples make sure their paperwork is in order for obtaining a marriage license. In addition, the group has arranged for relevant and authorized parties perform weddings around the state every day this week, and has "paid $4500 to secure safe, accessible places for couples to get married."

March 02, 2004

Update

According to KPTV's newscast this evening, Commissioner Lonnie Roberts is questioning the way in which this policy decision apparently was made. And there does seem to be some confusion on that count. While reports have been saying that Board of Commissioners made a decision here, it seems more likely that the County Attorney issued a legal opinion on the matter, and those Commissioners available to comment or respond indicated that they support what the Attorney said. Roberts, who opposes same-sex marriage, is calling the process "clandestine." But since this first surfaced via OPB News several days ago, it's certainly not been secret. And if my hunch is correct, this wasn't something that the Board of Commissioners needed to officially weigh in on, but was strictly in the purview of the County Attorney.

Posted at 05:17 PM | PermalinkComments (23) | TrackBacks (2)
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Comments (23)

  1. Bob R. on 02 Mar 2004

    KATU is also running a web poll on the issue. (ie, useless, non-scientific, but widely reported and therefore strangely relevant).

    As of 5:25pm, there were 729 votes, 55% in favor of the county's issuance of licenses.

    Poll URL:
    http://www.katu.com/news/news_poll_gay_marriage_pdx.asp

  2. Betsy on 02 Mar 2004

    You're averse to the telephone and I don't much care for local television news. Yet in this case, I got the news via my KATU email news alert...go figure.

  3. The One True b!X on 02 Mar 2004

    Well, in my defense, I was out on a Freddy's run to get salad makings. I unwire for all of maybe 20 minutes and see what happens?

  4. Noah on 02 Mar 2004

    Maybe you could do both. Go to the County office at 8am to catch the opening and then get to city council by 9:30am. Both are important, but the marraige stuff will be really interesting for the first hour or so (I would guess).

    I was going to send you a IM about this, but in the time it took me to download AIM you had already posted the story. Good job as usual.

    Did you get my $5 donation via Paypal recently?

  5. The One True b!X on 02 Mar 2004

    To the last: Yes, thank you.

    As for the rest. As I understand it, the County doesn't start in on this until 10:00 AM. Now, I could still go cover the Council matters and then book to the Coutny building on Hawthorne. I would miss the festive start to the marriages, but presumably they will still be going on. The two City issues I need to be there for are early on the agenda.

  6. Betsy on 02 Mar 2004

    If you look at the license requirements (I've a link on my blog), there's a 3-day waiting period before marriages can actually be performed. You can get a waiver, which has to be done before you get the license, according to Multnomah County's info page, but what's not yet clear to me is whether or not you can get married onsite.

    So it might just be about picking up applications, no?

  7. Betsy on 02 Mar 2004

    And the list of available judges (many who are in the Circuit Court building downtown) specifies that you MUST make a scheduled appointment in advance - you can't just show up, apparently.

  8. The One True b!X on 02 Mar 2004

    One thing is for certain: You will have have news on this far sooner than whenever it will be that I can get online to post about any of it tomorrow.

    A 9:00 AM news conference from the County, then book to City Hall for two agenda items, then perhaps back to the County to see what's up, and none of that gets posted until I get back home again.

    Heaven forbid the City and County buildings have free wifi!

  9. Betsy on 02 Mar 2004

    I'll also try to be at the news conference & will be at the courthouse handing out black pens, if nothing else. I can report back mid-day...

  10. kebbo on 02 Mar 2004

    Also worth noting that the law doesn't specify how many people may get a marriage license...

  11. The One True b!X on 02 Mar 2004

    Heh. Yeah that's our other favorite unintentional seeming loophole.

  12. hilsy on 02 Mar 2004

    I'll be attending a somewhat surprise engagement party tomorrow evening that involves a person that may have little inside info from the county. I say somewhat surprise, because my two female friends were already in the midst of planning a good old fashioned wedding for this coming May (only originally sans license).

    I'll report back tomorrow or check my own blog then.

  13. Tammy on 02 Mar 2004

    "Taking a look at Oregon's marriage law, it states that marriage is a civil contract entered between males who are at least 17 years old and females who are at least 17 years old."

    And you dare to say that doesn't mean male and female? Come on! That law was never intended to mean man to man or woman to woman. Nobody is that stupid! When that law was made people had th ebrains to just know that it meant man and woman marrying. People are totally losing their common sense when it comes to this. It's the old thing of monkey see monkey do! Goodness, this is beyond belief!

  14. pdxxy on 02 Mar 2004

    The County does not perform marriages -- they only issue marriage licenses. Waivers of the 72 hr waiting period are routinely given -- but at least one partner has to be there. 9:00am press conference will be carried live on all local channels.

  15. Randy Leonard on 02 Mar 2004

    B!X-
    Were I a member of the Multnomah County Commission, I would support a resolution that would define marriage as including those of the same sex.

    I am deeply disappointed at those who have targeted the gay community as a vulnerable minority that they can exploit for their political gain. I hope the majority of Americans see through this veiled political opportunism.

    All those in leadership positions need to throw aside political comfort and stand up and speak out against the hate and discrimination that is being promoted by the sirens of fear....
    Randy Leonard

  16. Worldwide Pablo on 02 Mar 2004

    "...but was strictly in the purview of the County Attorney."

    Doubtful. Agnes Sowle is one of the most thorough, careful, inquisitive and brightest lawyers in the Oregon bar. Trust WWP on this: Agnes very likely gave her usual good advice, and then the commissioners acted on it (and yes, and the favoring commissioners probably failed to inform the ever-dull Lonnie Roberts in the process).

    Being the professional that she is, it is unimaginable that Agnes would have acted on her own. That just doesn't happen. That's a conservative's baseless wet dream.

  17. The One True b!X on 02 Mar 2004

    My question was whether the authority to determine that the Coutny could do this rested with the Attorney or the Board of Commissioners. Meaning, I don't believe it will turn out this this is something the Board somehow needed to vote on; they simply needed an analysis from the Attorney as to whether or not the Coutny was permitted under state law to issue these licenses.

    Which, if the case, means Roberts doesn't have a leg to stand on, because there was not official Board decision being made here.

  18. Bob R. on 02 Mar 2004

    A followup on Randy Leonard's comments:

    When Jason and I got hitched in San Francisco on Feb 14th, it wasn't long before news of the event was posted here, and Mr. Leonard was among the first to email congratulations to us.

    We were very touched to receive such a message from a public official, especially kind unsolicited remarks from someone we don't know personally. (I've met Mr. Leonard at a couple of public events, but I was one of a crowd.)

    I didn't mention this earlier, because I didn't want to imply a position on behalf of Mr. Leonard, but now that he has mentioned it here on the Communique, I'm happy to thank him in this forum.

  19. Rev. Ken Spice on 02 Mar 2004

    In Oregon an "officiant" must sign the marriage license, and submit it to the county. This could be a judge, justice of the peace, minister, etc.

    I am a registered officiant in Multnomah County, and I will happily marry any couple for free, if the ceremony is brief and non-religious.

  20. xb on 03 Mar 2004

    I was checking out ORS106 (which is about marriage), and it indeed does not specifically require both parties be of opposite sex. ("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 ....")


    However, I also seem to see an ambiguity in the number of parties that must be involved! Perhaps this shall open the door for polygamous marriages? (To be fair, the chapter implies this number to be two by using wording such as "both", etc.)

  21. Angie on 03 Mar 2004

    Rev. Ken,

    Your offer is very kind but how would one contact you if they wish to have you perform the ceremony and do you have any references! You can't blame me for being safe,I need to know you aren't some prankster out to ruin it for us.

  22. Rev. Ken Spice on 03 Mar 2004

    Angie, I can be contacted at revkenspice@yahoo.com or on my cell phone 503-998-2218. This is not a prank, I am an ordained minister (Universal Life Church) and registered with Multnomah County as such. By the way, I was down at the county building this morning for a few hours, there are plenty of ministers there... so it should be quite easy for folks to find someone willing to marry them! As far as references, I am well-known to many activist groups around town. Email me if you would like references from specific people, don't want to post any names on this public forum. Best wishes!

  23. Angie on 03 Mar 2004

    Thank you so much for the info, I will be contacting you soon if everything goes as planned!

    Angie

Trackbacks (2)

  1. Marraige in Multnomah on 02 Mar 2004

    The Portland Communique picks up on the big news of the afternoon, " Breaking News: Multnomah County To Begin Issuing Same-Sex Marriage Licenses". Great news of course. I am happy to see this in my hometown....

  2. YESSS! This just in... on 02 Mar 2004

    According to the KATU email news alert I just got, wedding bells are ringing here in PDX! County To Issue Same-Sex Marriage Licenses PORTLAND, ORE. - It has happened in Massachusetts, San Francisco and now it's happening in Portland. The...