Constellation Similarity Assertions

Beginning March 3, 2004, Multnomah County, Oregon (which includes the city of Portland) began to issue marriage licenses to same-sex couples. County Chair Diane Linn made the decision after concluding that state marriage law violated the Oregon Constitution's guarantee of equal treatment. Leading up to this decision were meetings between the four Multnomah County commissioners who approved the decision (Maria Rojo de Steffey, Serena Cruz, Lisa Naito and Chair Diane Linn); the gay advocacy group, Basic Rights Oregon; and the American Civil Liberties Union. The decision was based on the legal opinion of the County counsel, Agnes Sowle, that refusing marriage to same-sex couples violates the following equal protection provision in the Oregon Constitution: “…no law shall be passed granting to any citizen or class of citizens privileges or immunities, which, upon the same terms shall not equally belong to all citizens.” The State of Oregon law also did not specify that marriage must be a union between a man and a woman, providing additional support for the County’s interpretation. Oregon was one of only twelve states that did not ban same-sex marriages outright.

This became a historic and controversial decision both locally and nationally and was seen as a part of the larger national debate regarding gay marriage. The previous month, in February 2004, San Francisco had begun allowing gay marriages. Multnomah County became the second large urban area, after San Francisco, to issue marriage licenses to same-sex couples. The County was criticized for excluding a fifth County commissioner, Lonnie Roberts, an opponent, from the discussions surrounding the decision. Despite the controversy, more than 3,000 same-sex couples from around the country flocked to the Mutnomah County Administration Building in Portland, Oregon to legalize their partnerships.

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