Read 'em and weep

Today's Oregon Supreme Court decision on same-sex marriages is pretty much a total smackdown: Same-sex marriage is not legal now [after Measure 36], it was not legal anytime before, and the 3,000 marriage certificates granted by Multnomah County were void when they were issued. Worse, the supreme court said today, the "abstract question" whether marriage laws violate the Oregon constitution's guarantee of "equal benefits" was not properly brought before the court, and so it declined to rule on the matter and also ordered the Multnomah County Circuit Court to dismiss its constitutional remedy.

All in all, there's not much to celebrate there. [Which may explain the candlelight vigils planned around the state tonight by Basic Rights Oregon].

Upon first reading, the opinion is notable for its restraint: No new ground is broken, and the court cautiously refuses to entangle itself in new precedents or abstract ideas. Indeed, the only interesting part is the extensive scolding and reversal of Multnomah County's assertion that it, outside of the courts, should expand marriage rights based upon its understanding of the Oregon constitution -- something we've been complaining about for months. [Counties have limited authority of constitutional intepretation, and marriage isn't one of them, the court ruled.]

Reading the opinion a second time, it is striking for what the opinion does not say. Yes, the Defense of Marriage Coalition seems to win all the chips in this decision,  but it does not rule out same-sex marriage or a civil-union remedy in the future. In fact, it seems to these eyes that the court is setting the stage for future same-sex marriage cases. Indeed, the opinion goes into some depth about the correct way to bring this matter to the court's attention. Importantly, the refusal to rule on the "equal benefits" question could be interpreted as "bring us a better case and we'll rule on that."

But for today, the champagne stays in the refrigerator and the vigil candles will be lighted.

But tomorrow ... that's another day.

Comments

[GA - Keith]

Excellent points. Any plans to join in whatever BRO putting together for tonight?

[Worldwide Pablo]

We're still battling the long-drawn out after-effects of last week's influenza episode. We may be grumpy about today's news, but not enough to infect our friends, and so we'll have to settle for the television reporting, unfortunately. Light a candle for WWP.

[Jack Bog]

Pablo, you were right about this last year. The whole episode is likely a multiple-year setback. Good intentions, though.

Sorry about the flu, too. Take care.

[GA - Keith]

Ah, hope you're feeling better. We (Shane and I) were expecting to hear word of a organized protest in some public arena, but when the plans came down they were merely for gathering in a room somewhere. A missed opportunity IMHO.

Get well.