Posted on 03/14/2004 6:42:57 PM PST by chance33_98
Gay Marriages Continue After A.G. Decision
PORTLAND - The American Civil Liberties Union may file its own lawsuit to uphold the right of same-sex couples to get married. ACLU's Executive Director David Fidanque told the media in a press conference not to be surprised.
He says the organization is considering a variety of legal avenues. One is to sue for damages on behalf of couples who are being turned down in counties other than Multnomah County.
He said that county officials are required by law to follow the Constitution. And so far, he says, all credible legal opinions have upheld the decision of Multnomah County Attorney Agnes Sowle.
She ruled last week that while Oregon statute defines marriage as between a man and a woman, the Oregon constitution forbids discrimination of any kind. And the Constitution is the higher document.
A judge avoids appearance of bias
Multnomah County Presiding Judge Dale Koch is taking steps to avoid the appearance of bias while deciding gay marriage lawsuits, forcing him to miss the same-sex wedding of a fellow judge.
Under Oregon's judicial code of conduct, judges are obliged to observe high standards to maintain "integrity, impartiality and independence of the judiciary," or be subject to sanctions from the Oregon Commission on Judicial Fitness and Disability.
That's also why a third judge, who Koch isn't naming publicly, was also asked to avoid the courthouse wedding of a colleague - just in case that judge is needed as a backup arbiter on same-sex marriage issues.
Legal observers applaud Koch's handling of the matter, which they say set a high standard for how judges at all levels of Oregon's court system should conduct themselves as the divisive issue of same-sex marriage heads to the state Supreme Court.
"I think it was a reasoned approach to the situation," said Brad Tellam, a lawyer with expertise in legal ethics. "That's precisely the kind of judicial exercise and restraint that you would hope for."
Koch said one of the reasons he assigned himself, Jude Frank Bearden and the unnamed judge to hear same-sex marriage issues was because none of them routinely performs weddings of any kind. Other county judges do, including same-sex marriages now that they are legal - at least temporarily - in the county.
Multnomah County Circuit Judge Ellen Rosenblum, former chairwoman and current member of the Oregon Judicial Conduct Committee, said the ethics code probably didn't require Koch to skirt the wedding, but that he acted with "an abundance of caution" given the high profile, hot-button nature of the issue.
It is a bit thorny for judges, she said, because by law they can perform weddings, and some will also have to decide legal issues surrounding same-sex marriage.
If judges think they have a bias or prejudice on an issue, under the same ethical code they must "recuse" or withdraw themselves. Janice Wilson, the judge who got married, said the quickly organized ceremony included deputy district attorneys, clerks, sheriff's officials, lawyers and other local judges who have not been asked to rule on same-sex marriage issues.
She said she and her partner married at the courthouse as a matter of convenience, because they both know a lot of people there.
Wilson is watching the debate with dual interest. "As a judge, I'm interested in the arguments the lawyers are making," she said. On a more personal level, she said Friday: "I've been married a week today. I wouldn't trade it for anything. "
Koch has also avoided attending Multnomah County commissioner meetings where funds for replacing the 90-year-old courthouse were discussed.
With same-sex marriage on his judicial plate, he said making an appearance simply wouldn't have looked right.
"It seemed inappropriate for me to go over there and be heard on the issue at the same time I'm ruling on whether they did their jobs lawfully," Koch said of the commissioners.
I'm a conservative, I've gotta be polite. < g >
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