Benton will issue licenses to no one.

Byline: Randi Bjornstad The Register-Guard

Benton County is taking the national debate over same-sex marriages to new extremes.

After voting last week to begin issuing marriage licenses to same-sex couples on Wednesday, the county Board of Commissioners on Monday said it's now decided against doing that. But the board also decided not to issue any licenses to opposite-sex couples, saying it wants to uphold the Oregon Constitution's ban on discrimination and not favor one group over the other.

The commissioners voted unanimously Monday in an emergency meeting to undo last week's 2-1 vote. They reiterated their belief that under Oregon's constitution, gay and lesbian couples deserve the same rights as heterosexual couples.

State laws appear to restrict marriage to male-female partners, but commissioners concluded they are constitution-bound to give either all couples or no couples licenses to wed.

They decided to change their approach Monday because the state appears committed to accelerating the court process to settle the question of constitutionality, board Chairwoman Linda Modrell said.

State Attorney General Hardy Myers asked Benton County to postpone issuing same-sex licenses to avoid complicating litigation over the matter. "But to maintain consistency with our oath to uphold Oregon's constitution's anti-discrimination provisions, (that means) we must temporarily cease issuing marriage licenses to any couple," the county announced in a news release.

For now, those who ordinarily would have obtained marriage licenses in Corvallis will have to travel to another county seat - the closest being Albany, in Linn County, a dozen miles away - to complete the paperwork and pay the fees.

Dave Fidanque, executive director of the Oregon American Civil Liberties Union, said Monday's decision by the Benton County commissioners "is a fine `Plan B.' '

"By not issuing marriage licenses to anyone, they've eliminated the constitutional problem," Fidanque said. "Now, we have one county in Oregon - Multnomah - saying the logical consequence is to give licenses to everyone and another - Benton - saying you can't give them to anyone."

He's convinced that the state Supreme Court will find it unconstitutional to withhold licenses from same-sex couples, Fidanque said. "But in the meantime, Benton County's decision will do just fine."

Recognizing the inconvenience of having to travel to another county for a marriage license, Modrell asked for patience from county residents.

"It is in everyone's best interests to stand by and recognize that all citizens receive equal treatment from their government," she said.

A lawsuit challenging the constitutionality of Oregon laws that describe marriage as between a "husband and wife," which traditionally refers to a man and a woman, will be filed by Wednesday in Multnomah County. That county began issuing marriage licenses to gay and lesbian couples on March 3.

Attorney General Myers has issued an opinion stating that the state Supreme Court "most likely" would find that withholding the right to marry from same-sex couples violates the Oregon Constitution.