ORE. COUNTY IS BREEDING LAWSUITS: Oregonian editorial

Perhaps Multnomah County commissioners should have led a secession from the rest of Oregon before deciding to treat state statutes as optional. Then county Chairwoman Diane Linn wouldn't be in such a pickle, trying to appear deferential to the governor and attorney general while continuing to make a mockery of Oregon's code of law.

On Friday, Gov. Ted Kulongoski urged the county to stop issuing marriage licenses to same-sex couples. On Monday, Linn said the county would keep going. This action defies state statutes that limit the granting of a marriage license to one man and one woman. It also ignores the opinion of state Attorney General Hardy Myers, who advised the county against ignoring statutes without a definitive ruling by the Oregon Supreme Court.

No, Multnomah County will keep passing out marriage licenses, based not on state law but on the personal opinions of its elected leaders. Linn's latest decision makes a swift judicial ruling from the Oregon Supreme Court even more vital: It is embarrassing to see the county carrying on like this, increasing its liability and decreasing its credibility every day. ...

We agree with Myers that Oregon's marriage statutes might be unconstitutional, under the provision that grants equal privileges and immunities to all citizens. If the statutes are unconstitutional, they should be thrown out -- and then Oregon can have a civil debate about the role of
government in defining marriage.

But counties can't pick and choose the laws they like. As the governor said Friday, "Until the Supreme Court rules, we should abide by the laws of the state of Oregon -- just as we abide by every other law. Without the rule of law, our system cannot function." It is cruel to leave same-sex couples in limbo, even as they pay for official licenses that may or may not be valid. And it is appalling to have public officials who think their opinions are more important than the law.

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posted by Eve at 6:19 PM | link

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