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Wednesday, March 03, 2004 - Page updated at 09:03 A.M.

Same-sex couples to be married in Portland today

By The Associated Press and Seattle Times staff

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PORTLAND — Multnomah County, Oregon's most populous and liberal county, planned to begin issuing marriage licenses to gay couples this morning, joining several other municipalities around the country that have done so.

As Oregon became the latest staging area in the gay-marriage fight, activists there applauded the decision, while their counterparts in the Puget Sound region expressed optimism that the movement will head north, despite high legal hurdles here.

"When my partner heard it, she said, 'Will you marry me in Portland?' " said Amory Peck of Bellingham. The couple held a "holy-union ceremony" in a church five years ago. "But this is a step closer legally," she said.

"It's encouraging. County by county, state by state, we're getting people to see the light. It will happen in our lifetime," said Bill Dubay, who heads the Washington state gay-rights group Don't Amend.

Elaine Kraft, spokeswoman for King County Executive Ron Sims, said the county isn't ready to follow Multnomah County's lead.

"Washington law is very clear," she said. "At this point, the county executive and prosecuting attorney will continue to uphold the state law." Washington's law defines marriage as between one man and one woman.

Multnomah County issued the following statement yesterday: "Based on a legal opinion released ... by the County Attorney, a majority of the Board of County Commissioners supports a policy change to allow the county to issue marriage licenses to same sex couples." Portland is the largest city in Multnomah County and the state.

The chairman of the Multnomah County Republicans called the decision "irresponsible" and at odds with thousands of years of religious and cultural tradition.

"There may be logic to both sides of the debate. But it should be debated. And it shouldn't be carried out by renegade officials who are breaking the law," party Chairman Tim Nashif said.

Kevin Neely, spokesman for Oregon's attorney general, said he was unaware of the county's decision until media outlets reported it late yesterday afternoon.
 
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"At this point, we have begun discussions with the governor. We will wait until (today) to get a better understanding of Multnomah County's legal position," he said.

Oregon state 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." In other words, the law does not specify that the union be between a man and a woman.

Multnomah County already recognizes same-sex "domestic partnerships," as do the cities of Ashland and Eugene.

Roey Thorpe, executive director of Basic Rights Oregon, said the group has been working with county commissioners on a policy "in regard to issuing marriage licenses to same-sex couples."

"I know a lot of people who are going to get licenses (today)," she said. "It's impossible to tell what the response will be; I would guess there will be hundreds of couples. Many of these couples have been waiting decades, and this is the first time they've been seen as equal under the law."

Multnomah County Judge Linda Bergman told a Portland television station that she will schedule and perform marriage ceremonies for same-sex couples if they have a license when they make an appointment.

Traia Cleary and Mel Wensel, who got married in Vancouver, B.C., on Valentine's Day, planned to leave their Burien home overnight to get in line to get their license in Portland this morning.

"We want to get married in the states," said Cleary, who has been using Wensel's last name since their wedding in Vancouver.

Last night, Wensel saw the news on television and called out to Cleary, "Oh my God, honey, Portland's going to issue marriage licenses."

Cleary shouted back from the other room, "Oh my God, we have to do it."

Diane Linn, chairwoman of the Multnomah County Board of Commissioners, could not be reached for immediate comment.

Statewide, courts and voters have seemed cautiously like-minded in recent years.

In 2000, voters defeated Measure 9, which would have banned homosexuality from being presented in schools in a positive light. It was the third anti-gay-rights measure voted down in the state in eight years.

The Oregon Court of Appeals ruled in 1998 that it was unconstitutional for the Oregon Health & Sciences University to deny spousal benefits to gay couples.

In 1999, a bill that would have banned same-sex marriage passed the Oregon House, but was weakened and defeated in the Senate.

This year, opponents of gay marriage have filed four versions of a proposed initiative that would prevent Oregon from recognizing gay marriages performed in another state.

Multnomah County's announcement was met with mixed reaction, even among county officials.

"No, I will not support it, this is a state issue and we'd be crossing over the line," said county Commissioner Lonnie Roberts.

Even a Portland city commissioner who supports gay marriage questioned the ramifications.

Dan Saltzman said the county's and San Francisco's decision to authorize same-sex marriages may backfire, especially so close to the November election.

"This is tactically bad timing," he said. "We are walking right into the grip of a larger national agenda being controlled by George Bush and his re-election campaign."

The president recently endorsed a proposed constitutional amendment that would ban gay marriages, but political analysts give it little chance of ratification.

Multnomah County is the latest municipality to OK same-sex marriages.

More than 3,400 couples have married since San Francisco began issuing marriage licenses two weeks ago under the directive of Mayor Gavin Newsom.

Earlier yesterday, the mayor of New Paltz, N.Y., Jason West, was charged with 19 misdemeanor counts for performing weddings for gay couples.

Seattle Times staff reporters J. Patrick Coolican, Nguyen Huy Vu and Beth Kaiman contributed to this story.

Copyright © 2004 The Seattle Times Company

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