Gay ‘marriage’ licenses halted

The last county in the nation issuing “marriage” licenses to homosexual couples was ordered to stop yesterday by an Oregon judge.

But Multnomah County Circuit Court Judge Frank Bearden in Portland handed homosexual-rights activists a victory by ordering Oregon to recognize the 3,000 “marriage” licenses already granted.

“This is historic. This is huge,” said Ken Choe, a lawyer with the American Civil Liberties Union, which represented homosexual couples.

Traditional-values activists also claimed victory.

Not only did Judge Bearden stop Multnomah County officials from issuing more “marriage” licenses, he also refused to say that limiting marriage to its traditional form was unconstitutional and he deferred questions about same-sex couples’ benefits to the legislature, said Kelly Clark, a Portland lawyer who sued to stop the licensing.

The lawsuit is likely headed to the state appeals court, which can make a ruling or pass it to the Oregon Supreme Court. The Oregon legislature is expected to convene as early as June.

Meanwhile in Massachusetts, as of today, there will be at least three strategies to delay the state Supreme Judicial Court’s Nov. 18 Goodridge decision, which legalized same-sex “marriage.”

The state is supposed to begin issuing “marriage” licenses to same-sex couples on May 17. Massachusetts city and town clerks are scheduled to start training on how to issue the unprecedented licenses on May 3.

Yesterday, lawyers representing a Massachusetts Catholic activist filed a petition with the state high court, asking it to stay its Goodridge decision until voters have had a chance to speak.

Elected officials have started the process of amending the state constitution on marriage, and the court should “step back, be deferential to and not interfere with the public discourse” until there’s a vote, said Chester Darling, a lawyer in Andover, Mass., who filed the petition.

“We believe that the democratic process should be allowed to run its course. … To do otherwise would result in legal confusion and legal chaos, because there will be a cloud over any marriage licenses issued,” said C. Joseph Doyle, executive director of the Catholic Action League in Massachusetts and the plaintiff in the petition.

Mr. Doyle’s petition is “a publicity stunt,” said Mary Bonauto, a lawyer with Gay & Lesbian Advocates and Defenders, which won the Goodridge case. “There is a constitutional amendment process in place for those people like Mr. Doyle, who disagree with the [Goodridge] decision. He’s attempting to do an end-run around the process.”

Another delaying tactic, set to be introduced today in the Massachusetts legislature, will seek the removal of the four high court justices who ruled in favor of same-sex “marriage.”

“If a judge or any kind of elected official causes wrong decisions, we can revoke them” by passing a bill of address, said state Rep. Emile J. Goguen, a Democrat who plans to offer the bill. “It’s different than impeachment. We can just dismiss them from their responsibilities.”

Miss Bonauto downplayed any hopes for success with this little-used tactic. “I think everyone knows it’s destined to fail,” she said, adding that there was some expectation that, “that as the time got closer,” some people would make “desperate moves.”

A third delaying strategy was posed last week by Massachusetts Gov. Mitt Romney, in which he filed emergency legislation seeking permission for himself and a special counsel to ask the high court to stay its Goodridge decision.

Mr. Romney, a Republican, is waiting to hear when the legislature’s joint Judiciary Committee will hold a hearing on the bill, his spokeswoman said yesterday.