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Deal expedites legal case over gay marriage.


Byline: Diane Dietz The Register-Guard

The rules of engagement in the legal battle over gay marriage in Oregon were established on Friday.

Lawyers for the Oregon American Civil Liberties Union American Civil Liberties Union (ACLU), nonpartisan organization devoted to the preservation and extension of the basic rights set forth in the U.S. Constitution. , the Defense of Marriage Coalition, Multnomah County and the state hammered out the terms in a 4 1/2 -hour session.

The parties agreed to drop legal action in favor of a single suit that would cut to the heart of the question: Does the Oregon Constitution The Oregon Constitution is a U.S. state constitution, the governing document of the U.S. state of Oregon. It was ratified on November 9, 1857, and took effect when Oregon achieved statehood on February 14, 1859. Differences from U.S.  allow gay marriage?

By terms of the agreement, only after that matter is decided can the parties turn their attention to this question: Are the marriage licenses issued to same-sex couples since March 3 in Multnomah County - and any coming from Benton County Benton County is the name of nine counties in the United States:
  • Benton County, Arkansas
  • Benton County, Indiana
  • Benton County, Iowa
  • Benton County, Minnesota
  • Benton County, Mississippi
  • Benton County, Missouri
  • Benton County, Oregon
 beginning at 9 a.m. Wednesday - valid in the eyes of the law?

"There's been a lot of details to deal with, but all parties have a common goal of reaching the constitutionality of the marriage statute in a court decision," said David Fidanque, executive director of the Oregon ACLU ACLU: see American Civil Liberties Union. .

At the urging of Gov. Ted Kulongoski Theodore R. "Ted" Kulongoski (born November 5 1940, in rural Missouri[1]) is an American Democratic politician. Since 2003, he has served as the Governor of Oregon. He was re-elected in 2006. , the parties also agreed to expedite the legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. , filing briefs by April 14 and forgoing some of the legal maneuvers that drag the issues out.

"Having some counties that are in compliance with the law and others that are choosing to disregard the law is an untenable situation for our state," the governor said in a written statement.

Multnomah County Circuit Court presiding Judge presiding judge n. 1) in both state and federal appeals court, the judge who chairs the panel of three or more judges during hearings and supervises the business of the court.  Dale Koch also agreed to clear the schedule for a judge to hear the case - most likely Frank Bearden.

Another judge from the Portland court, Henry Kantor, mediated the session that produced Friday's agreement.

Two legal proceedings that are outside of the agreement could have an impact.

A Florida group The Florida group (Sp.: grupo Florida) were a Buenos Aires-based avant-garde literary group in the 1920s, known for their embrace of "art for art's sake".  has asked the Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.  to take up the question, and the court has set a Monday deadline for briefs about whether it should, but observers expect the court to wait for the Multnomah case to arrive before taking the issue on.

Also, the Defense of Marriage Coalition filed an injunction against Benton County's plan to issue marriage licenses next week. The judge in that case also may defer to the Multnomah proceeding.

The issue soon may land in the ballot box. The Defense of Marriage Coalition has filed an initiative for a statewide ballot measure to amend the state constitution to limit marriage to heterosexual couples.

The 2005 Legislature also may get involved. Kulongoski vowed Friday to "lead a fight" for a law to "ensure that all people, regardless of race, ethnicity, gender or sexual orientation sexual orientation
n.
The direction of one's sexual interest toward members of the same, opposite, or both sexes, especially a direction seen to be dictated by physiologic rather than sociologic forces.
 have equal rights in employment, housing, health care and public service."

"I believe that Oregonians have an interest in encouraging long-term, stable relationships between committed couples," Kulongoski said. "Those gay and lesbian couples should have all of the state-sanctioned rights and responsibilities that extend to heterosexual couples."

Lane County government, meanwhile, appears content to wait on the sidelines On the sidelines

An investor who decides not to invest due to market uncertainty.


on the sidelines

Of or relating to investors who, having assessed the market, have decided to avoid committing their funds.
 following a county counsel's opinion earlier this week that there's not yet any clear legal stance. None of the state's remaining 32 remaining counties has acted.

HEADING TO THE SUPREME COURT

Combatants in the gay marriage legal fight have agreed to this sequence of events, according to the Oregon chapter of the American Civil Liberties Union:

Key lawsuit filed: The ACLU agrees to file a complaint crafted to get to the heart of the constitutional questions by Wednesday in Multnomah County Circuit Court. The suit will be against the state.

Parties assemble: The ACLU and lawyers representing the state agree that they will not oppose the Defense of Marriage Coalition and Multnomah County becoming parties to the suit.

Clearing the legal decks: Once the court grants the motions to intervene, the Defense of Marriage Coalition will drop other cases it had filed earlier in Multnomah County Circuit Court.

Fast track: All of the parties agree to file written briefs on the constitutional issues no later than April 14, with the understanding that the judge may hear the case as early as April 16.
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Title Annotation:Courts; All of the parties agree to terms that will cut to the heart of the matter: whether the Oregon Constitution allows it
Publication:The Register-Guard (Eugene, OR)
Date:Mar 20, 2004
Words:671
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