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Court Upholds Ore. County's Same-Sex Marriages

POSTED: Tuesday, March 9, 2004

A judge in Portland, Ore., has upheld the decision-making process used by Multnomah County commissioners to issue same-sex marriage licenses.

An attorney for the Defense of Marriage Coalition alleged in a lawsuit that county commissioners violated laws regarding public meetings because they did not seek public comment before making their decision.

SAME-SEX MARRIAGE

More than 1,200 marriage licenses have been issued to same-sex couples since the county policy was changed last week.

Meanwhile, more same-sex couples showed up at the city clerk's office in Asbury Park, N.J., after a gay couple was married there Monday. At least four couples were lined up when the doors opened Tuesday morning.

Some couples were turned away because they did not meet residency requirements.

They may not have much time to get married. Attorney General Peter Harvey is trying to get an injunction to keep officials from issuing any more same-sex marriage licenses.

Harvey said the licenses aren't valid because they're issued in violation of the law. He describes them as worthless paper.

Monday's wedding involved two men who had obtained a marriage license on Friday, and waited the required 72 hours. It was the first gay marriage ceremony performed in New Jersey.

Could Mass. Marry Nonresidents?

If same-sex marriages are allowed in Massachusetts -- as the state's top court has said it must start doing May 17 -- a law dating back to the early 1900s could restrict who would qualify to be married.

Philadelphia television station WCAU reported that the law, called the Marriage Evasion Act, says Massachusetts cannot marry two people if their home state would not legally marry them.

After carefully reading the ruling, Fall River's corporation counsel Thomas McGuire said same-sex couples must live in the state, and they can't cross the border just to get married there.

McGuire said the city might even ask for a written affidavit to make sure couples will move to Massachusetts after getting married, if they don't already live there.

"If a same-sex couple comes into Fall River and requests a marriage license, intending to return to their home state, where same-sex marriage is illegal, Fall River, based on that statute, will deny the license," McGuire said.

One gay rights leader in Rhode Island said she doubts many will cross the state line to take advantange of the law. Kate Monteiro, of the Gay and Lesbian Alliance, said she believes same-sex couples in Rhode Island will want to be married in Rhode Island. The state currently has no provision for same-sex marriage.

City and town clerks in Massachusetts, who are expecting a run on same-sex marriage licenses after May 17, asked the attorney general and the governor to clarify the Marriage Evasion law of 1913, but they haven't, the station said.

Recent weeks have seen dramatic moves in the debate over gay marriage: the Massachusetts Supreme Judicial Court said the state cannot prevent homosexual marriages under its Constitution; the mayor of San Francisco ordered city clerks to begin issuing marriage licenses to same-sex couples, possibly in violation of state law; President George W. Bush called for an amendment to the U.S. Constitution defining marriage; the mayor of New Paltz, N.Y., issued licenses and officiated ceremonies and was charged with 19 criminal counts; and an Oregon county began offering marriages.

Some states have also begun moving toward constitutional amendments banning gay marriages.

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