Judge shuts down same-sex marriage

A state judge ruled today Oregon's Multnomah County must stop issuing licenses to same-sex couples because the statue declaring marriage between one man and one woman complies with the state constitution.

The county, which encompasses Portland, for weeks has been the only place in the country where same-sex couples could get a marriage license. San Francisco's groundbreaking issuance of licenses in February also has been opposed by legal challenges.

Jordan Lorence, senior counsel with the Alliance Defense Fund said that today's order in Oregon by Judge Frank Bearden was good but mixed news.

"We're happy with the judge's ruling on the marriage statute, though we're not surprised by his other comments," he said.

Bearden said he believes either civil unions or same-sex marriage would be allowed by the state constitution but would first require a state Supreme Court ruling.

Lorence said he was pleased though with Bearden's statement "public debate and legislative action may be required to carry out the court's mandate."

"We especially appreciate the judge's deference to the legislative branch rather than imposing a judicial decision on the people of Oregon, as we've seen in Massachusetts," he said.

The Massachusetts high court ruled in November that homosexual couples are legally entitled to wed under the state constitution and should be allowed to apply for marriage licenses. The state's Legislature has been ordered to come up with a law that complies with the ruling by May 17.

About 3,000 homosexual couples have been granted marriage licenses in Multnomah County since March 3 after commissioners cited a legal review determining it is unconstitutional to ban applications from same-sex couples.

The Oregon attorney general's office calle the ruling today "a big step in what will be a bit longer process."

"Our goal from the beginning was to get a ruling from the Supreme Court, but this initial ruling does provide at least some clarity and a framework for moving to that next step," Spokesman Kevin Neely said, according to the Associated Press. "The real key here is to give the Legislature an opportunity to craft a law that the courts will deem constitutionally sound."

A group advocating same-sex marriage, Love Makes a Family, criticized the decision.

"I am extremely disappointed that this will not continue until there is an Oregon Supreme Court decision, especially when there is so much legal opinion that it is unconstitutional to deny same-sex marriages in Oregon," said a spokeswoman, Bonnie Tinker, according to the AP.

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