March 12, 2004
Hearings Set In Multnomah County Same-Sex Marriage Case
This morning Judge Frank Bearden held a scheduling conference with attorneys for the Defense of Marriage Coalition, ACLU, and Multnomah County.
(While waiting in the hallway outside judge's chambers for the scheduling conference to end, we sat listening to reporters and cameramen debate the legal and political aspects of the process question, as well as Oregon's public meetings law. Fearing we'd become too over-heated if we chimed in, we satisfied ourselves with mere eavesdropping. Suffice it to say that we're not convinced some of them properlyunderstood the arguments on the public meetings law, at least if this discussion is any indication.)
In two weeks, on March 26, Judge Beardon will hear the ACLU's motion to dismiss the case brought against Multnomah County. Lynn Nakamoto, an attorney with the ACLU, said this hearing will determine the "viability of the claims" against the County. It will likely focus in part, as did the earlier hearing before Judge Dale Koch on a temporary restraining order, on the question of platinffs' standing to file suit.
Meanwhile, Judge Beardon also scheduled a hearing for one week later, on April 2, on plaintiffs' requests for a preliminary injunction and a writ of mandamus.
In the earlier hearing on the request for a temporary restraining order against the County, plaintiffs were required to show prima facie ("on its face") that the County's action should be halted, but failed to do so. To obtain a preliminary injunction, plaintiffs will present specific evidence in an effort to prove that the County's actions should be halted.
"There's evidence behind that motion," said Kelly Clark, lead attorney for the plaintiffs. Documentary evidence, such as depositions, is expected to be introduced.
Nakamoto said it's expected that Multnomah County will file its own motion to dimiss with Judge Beardon.