Pacific Views

Oregon's legislative counsel says same-sex marriages are legal.

The chief counsel for the state legislature says that Oregon's constitution forbids state and local governments from treating gay and straight citizens differently. Because of this, says legislative counsel Greg Chaimov, offering a civil unions to lesbian and gay couples would not meet the requirements of the constitution: If heterosexual couples have the right to a state-recognized marriage, that right must also be given to same-sex couples.

Chaimov's opinion was requested by the leader of the Democratic caucus in the state senate. It does not have the force of law, but it does contribute to the increasing number of legal opinions supporting the decision of Multnomah County to issue marriage licenses to same-sex couples. An opinion from the state attorney general is expected soon.

For a more detailed analysis of the legislative counsel's opinion, see this post at the Portland Communique.