Oregon Circuit Court Judge Frank Bearden ruled Tuesday that same-sex marriages already issued by Multnomah County are valid, but ordered the county to cease issuing licenses. Bearden wants the county to stop issuing licenses to allow time for the Oregon Legislature to create laws that provide all couples with the protections afforded by marriage.
The highly anticipated decision, which will likely be appealed, was the first step in a legal process designed to speedily establish the constitutionality of Oregon’s marriage statute. If appealed, the ruling could end up in either the state’s appellate court or supreme court.
At the time of the decision, Multnomah County remained the only county in the nation to issue same-sex marriage licenses. Bearden became the first judge to recognize same-sex marriage, saying the more than 3,000 licenses already issued are legally valid. He also said Oregon’s marriage statute is unconstitutional because it bars rights and privileges guaranteed by the Oregon Constitution.
He gave the Legislature 90 days from the start of its next session to draft a new law. If legislators don’t form a law, Multnomah County will regain authorization to resume issuing same-sex marriage licenses.
In his ruling, Bearden suggested Oregon follow the Vermont Supreme Court’s decision to allow the Legislature to determine how to give all couples equal rights, saying the Vermont court’s approach represents a sound example. The Vermont Legislature enacted a civil union statute as its solution for providing legal rights to same-sex couples. In his written findings, Bearden called the legal proceedings of the past several weeks “extraordinary, but not unprecedented,” saying compelling reasons supported the case’s shortened time frame. Bearden said time for “reflection and debate” is required so that laws or initiatives that are passed “coincide rather than conflict with each other.”

Kelly Clark, attorney for the Defense of Marriage Coalition, said he was “not disappointed” by the decision, calling it nuanced and involved. The coalition is committed to preserving marriage as a union between a man and a woman.
“It’s a very substantive ruling,” Clark said.
Clark said he was pleased by Bearden’s decision to stop issuing same-sex marriage licenses. He added Bearden did not rule against the existing definition of marriage between a man and a woman. Clark also said Bearden’s decision does not make same-sex marriage a constitutional right, but defers a final answer on the validity of same-sex marriage to the Legislature.
“In our view, that’s the proper place for it to be, or on the ballot,” Clark said.
Clark said the constitutional issue should not be carried out too quickly.
“There’s no reason to rush through this,” he said.
Basic Rights Oregon Spokeswoman Rebekah Kassell said the ruling is a “huge victory” for her organization and same-sex couples. The organization has been instrumental in fighting for same-sex marriage in Multnomah County.
“For the first time in the country, we have (same-sex) marriages legally recognized by the state,” she said. “That’s historic.”
Kassell said she was pleased Bearden ruled there was no basis for discriminating against same-sex couples, but her organization disagreed with Bearden’s finding that civil unions might provide equivalent rights for same-sex couples.
She said many couples who were waiting to obtain a license from their resident counties, or who planned to travel to Oregon, will have to wait to marry.
Yet she reiterated that the decision has positive implications for same-sex couples.
“We are overall thrilled with the decision,” she said.
Lesbian, Gay, Bisexual, Transgender, Queer Alliance co-Director Jason Wicklund said the ruling was a mixed decision. Wicklund, a University graduate student, said he was pleased Bearden officially recognized same-sex marriages for the first time. But Wicklund added that same-sex marriage often overshadows other issues affecting the gay community.
“Marriage is obviously important to a number of people in the queer community, but for many it is not the most pressing issue,” he said.