Oregon Supreme Court rejects marriage equality

The Oregon Supreme Court today issued its long-awaited ruling in Li v. State, the marriage equality case. Basically, the court held that the Hate Amendment that passed as Measure 36 in the November election was superfluous, because Oregon law already banned same-sex marriage and Multnomah County (Portland)'s March 2004 decision to allow it was hence never legal in the first place.

Here's a link to Justice Gillette's opinion for a unanimous court:

http://www.publications.ojd.state.or.us/S51612.htm

The gist of the opinion is best summarized by the court. A quote after the break:

"In summary, we conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court."

This is a profoundly unfortunate result for the people of Oregon, but I can't say it was unexpected. The next step is a civil unions and antidiscrimination bill, which Democrats and perhaps even a moderate Republican will introduce in the state senate today.