While Multnomah County officials are now issuing marriage licenses to gay couples, the future of same-sex marriage in Lane County remains uncertain.
The county, which regulates marriage within its jurisdiction, is not giving marriage licenses to same-sex couples. The Lane County Board of Commissioners, however, is awaiting the opinion from its legal counsel as to whether same-sex marriage is legal under state law.
Legal counsel is unsure when that opinion will be delivered because interpreting the law is a difficult task.
“I need to do a good job on this,” Lane County Counsel Teresa Wilson said. “Too many people’s lives could be affected by it.”
In February 1992, Lane County legal counsel decided that the county was not required under the state constitution to issue marriage licenses to same-sex couples.
In 1998 the state Supreme Court decided that same-sex couples could not be denied the medical benefits given to married couples under a section of the state constitution forbidding laws that give privileges to one group of people, but not to all.
Multnomah County legal counsel used the same section of the constitution when it decided it was illegal to deny gay couples marriage licenses.
Commissioners asked for a new opinion prior to Tuesday’s Multnomah County announcement, County Commissioner Peter Sorenson said.

Sorenson, who represents South Eugene, said he expects the Oregon Supreme Court to eventually rule on the legality of same-sex marriages.
If the court decides that it is illegal under the state constitution to deny marriage licenses to gay couples, all Oregon counties will be required to issue licenses for same-sex marriage.
Sorenson said Lane County officials are also watching closely for Attorney General Hardy Myers’ decision on the issue, which is expected soon, as well as watching how other state jurisdictions react to the controversial move by Multnomah County officials.
“All of that influences and affects the work of our Lane County legal counsel in their advice,” he said.
Sorenson added that if county commissioners do decide to give marriage licenses to same-sex couples, they would tell the public beforehand.
“I think that we’re trying to handle this in an open and public fashion,” he said.
Multnomah County Commissioner Diane Linn had the support of three of the four other commissioners when she announced the county would issue marriage licenses to same-sex couples. Commissioners did not officially vote on the subject, however, nor was public input considered.
Linn made her announcement after receiving the opinion from Multnomah County legal counsel stating that it is illegal to deny same-sex marriage licenses.
The city of Eugene has a Domestic Partner Registry, instituted in November 2002, which recognizes unmarried couples of any sexual orientation who sign the registry. Registration, however, does not afford couples any legal rights.
“It’s entirely symbolic,” Ward 3 City Councilor David Kelly said.
Sorenson said the Board of Commissioners has no specific plans to discuss gay marriage at this time.
That fact did not preclude him from expressing his own support of same-sex marriage at the press conference he called Wednesday afternoon.
“My feeling is that the Legislature and the legal system ought to recognize that discrimination is wrong, and I feel very strongly that this is discrimination,” Sorenson said.
He added that he thought President Bush’s call for a constitutional amendment defining marriage as an institution between a man and woman is “totally inappropriate.”
“I think it’s a bad idea to have a federal constitutional amendment dealing with a topic that is historically well within the role of the state,” he said.
Lane County Commissioner Bill Dwyer, who represents Springfield, said he does not support same-sex marriage in Lane County, but would uphold it if the law required him to do so.
“I think that consenting adults should be able to enter into any contract that they want, but whether they define it as marriage or not depends on the law,” he said.