March 6, 2004
County says no to gay marriages
By JOHN DARLING
for the Mail Tribune
Overwhelmed with phone calls in opposition to same-sex marriages, Jackson County Clerk Kathy Beckett decided to stick with "historic practice" and issue marriage licenses only for
heterosexual couples "until directed otherwise by a substantial attorney generals opinion that I can live with."
The same-sex marriage issue was raised earlier this week when Multnomah County commissioners decreed the practice was not prohibited by state law and began issuing licenses. State officials indicated
it was a county-by-county decision.
After conferring with county counsels, Beckett judged the state marriage statute, which defines marriage as "a civil contract entered into in person by males … and females," was intended to
mean marriage only between men and women.
"Ive always felt the statute was very loosely written, so I decided on the basis of historic practice," said Beckett, adding that she did not expect the attorney generals opinion
to vary far from the status quo.
Beckett said she listened to most of the more than 220 phone calls against same-sex marriage after her decision Thursday and therefore was not influenced by them. There were only two calls in support
of the change.
"We were barraged with calls and I havent had a whole lot of sleep, let me tell you," said Beckett.
This is not the first time Beckett has dealt with the issue. Faced with a same-sex couple some years ago who wanted to get married, the two county counsels split on the statute, one saying "You
could drive a Mac truck through it" and the other saying historic practice should prevail, Beckett said.
In her decision, Beckett said "a lot has happened between then and now" and the Legislature needs to come up with "some kind of remedy for these folks, and soon." The change is
needed, she said, so they might have equal civil rights accorded married heterosexuals in many areas of the law.
She suggested that if the state Legislature cant rectify the situation, the Oregon County Clerks Association should "sit down and come up with some kind of certificate that would apply to
these folks."
A "very disappointed" Unitarian-Universalist Rev. Patt Herdklotz of Ashland called on government to treat all couples the same with a "civil certificate" that would legitimize the
legal and contractual aspects of a partnership – leaving the "religious blessing" aspects to churches and other faith institutions.
"Its a separation of church and state issue," said Herdklotz, who has performed same-sex marriages in her church for many years. "If the law isnt uniform for everyone, then
youre still offering some scars."
Jackson County Commissioner Jack Walker called Becketts move "the right decision," adding, "Its absolutely man-woman, clear as a bell and someone had to make that
decision."
Walker said homosexuals are "trying to morally justify their lifestyle" by legitimizing "something not natural for most people. Its not the way marriage is meant to be."
Del Roland, 57, of Medford, a Jackson County Sheriffs Office retiree, said he was pleased with Becketts decision.
"I can handle civil union, but to label it marriage is wrong," he said. "Those four women (Multnomah County commissioners) made the change secretly and poked their finger in the eye of
the law. They cant set law for the whole state."
Stephen Miller-Zauner of Central Point, who with his longtime partner George Miller-Zauner obtained a marriage license application in Medford after a Wednesday rally, said, "Theyre just
putting off the inevitable."
"Were not giving up," he said. "Its the same struggle blacks and women had to go through, with lots of hostilities and rude things being said. Finally, Southern Oregon has to
choose if it wants to be seen as oppressive or progressive."
Kris York, who hopes to legally marry her longtime partner in their Ashland church, said she was disappointed over Becketts decision.
"It saddens me that people feel threatened by non-heterosexuals being able to marry when its the right thing to do on human rights," York said.
The Rev. Caren Caldwell of Ashland Congregational United Church of Christ said legal marriage is a right all citizens should expect from society. She has performed same-sex weddings for years and, like
Herdklotz, advises couples to get legal help to ensure they receive as many legal rights normally accorded heterosexual couples as possible.
"This is helpful when one partner is dying," said Herdklotz. "Ive had people lose everything, including the house, when a partners family challenged the other partner, even
barring them from hospital visits and taking the body to a far-off state for burial – all with a horrific emotional impact."
Rabbi Marc Sirinsky last summer began performing a "covenant of love" for same-sex couples, noting his congregation and the Reform Judaism branch, with which the temple is affiliated, support
it.
"I believe the solution," said Sirinsky, "is to move in the direction of love and the acceptance of love in all its different forms."
John Darling is a free-lance writer living in Ashland. E-mail him at jdarling@jeffnet.org.