Judge allows gay marriage licenses for now

Multnomah County Presiding Judge Dale Koch rejected a request by opponents of same-sex marriages to block a county decision last week to grant marriage licenses to gay and lesbian couples.

PORTLAND, Ore. (AP) - A judge who was asked to block gay marriage in Oregon agrees the law originally drafted in the 19th century intended marriage to be the union of a man and a woman but his question for the 21st century was whether there was any harm in including same-sex unions.

Multnomah County Presiding Judge Dale Koch ruled Monday there was no harm and rejected a request by gay marriage opponents to block a county decision last week to grant marriage licenses to gay and lesbian couples.

"If you read the statute, it's pretty clear they meant husband and wife," Koch said of the Legislature that first drafted the marriage law not long after Oregon became a state.

But the judge rejected arguments by the Defense of Marriage Coalition that allowing same-sex unions somehow caused "irreparable harm" to the state, ruling there was "no clear and convincing evidence" of any damage.

Ken Choe, an American Civil Liberties Union attorney, argued the opposite was true - allowing gay marriage strengthened the state and its families, and would finally provide all Oregonians the chance to legally recognize their partners in life.

"The whole point of marriage is security for families," Choe said. Gays and lesbians "both need and deserve the opportunity to commit to each other."

Kelly Clark, attorney for the coalition, argued the case was about allowing a debate on gay marriage.

He accused four county commissioners of circumventing the state open meetings law after they approved gay marriage licenses without any public hearings.

"This is not an easy issue for anybody involved," Clark said. "But this can't be done this way. It can't be legal. It can't be proper."

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

For Subscribers

FOR SUBSCRIBERSAbdul El-Sayed tries to woo MAHA voters as Democrats seek inroads with RFK’s supporters

FOR SUBSCRIBERSKratom-like substances are popping up in a typically benign supplement

FOR SUBSCRIBERSGOP super PAC increases its spending for Sen. Jon Husted in tough Ohio race

FOR SUBSCRIBERSRecords reveal tumultuous marriage between slain New York Times executive and wife

FOR SUBSCRIBERSFrom clean energy warrior to ‘wall of shame,’ James Talarico reverses on a fossil fuel money pledge

FOR SUBSCRIBERSCongressional staff planned official trip with luxury stops in Italy and France weeks before election

FOR SUBSCRIBERSA harrowing ordeal aboard an Israel-bound plane

FOR SUBSCRIBERSOpenAI CEO Sam Altman to skip congressional hearing on rogue AI agents

FOR SUBSCRIBERSKey DOJ lawyers departed Trump ‘grand conspiracy’ probe amid pressure to produce, source says

FOR SUBSCRIBERSTrump’s new AI chatbot often links to a site launched under Clinton 26 years ago

FOR SUBSCRIBERSAt MAHA summit, industry CEOs the movement once vilified take the stage

FOR SUBSCRIBERSThis Paralympian has two goals: Win medals and give away $500,000 to her teammates

FOR SUBSCRIBERSCornell rape allegation spotlights stringent New York state laws that have long drawn criticism

FOR SUBSCRIBERSThe debate over AI’s future rages on both coasts

FOR SUBSCRIBERSDecades-old march dispute reignites in Northern Ireland, threatening political crisis

But Agnes Sowle, the county attorney, argued that board of commissioners Chairwoman Diane Linn had not only the authority but a duty to interpret the law after a gay rights group requested a legal review that concluded the county was at risk of violating the Oregon Constitution if it rejected same-sex marriage license applications.

"Our county charter makes the chair the chief executive officer and we have a strong chief executive by design," Sowle said. "To suggest she doesn't have the authority to exercise that power for the county in a legal way is ridiculous."

Besides, the Oregon Constitution was "crystal clear" about preventing discrimination of any kind, including restrictions on gay marriage, said Dave Fidanque, head of the ACLU chapter in Oregon.

By Monday evening, the county had issued more than 1,600 marriage licenses to same-sex couples, officials said.

"There's a great demand from couples coming from across the state, many of whom have been in committed relationships for decades and believe their families need and deserve the protection and recognition of marriage," said Roey Thorpe, executive director of Basic Rights Oregon, the main gay rights group pushing the marriage issue.

Clark said he would return to court to seek a preliminary injunction as the next step in the effort to block gay marriage. Koch set a hearing for 9 a.m. Friday with attorneys for both sides to schedule arguments.

©2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.