Jefferson County commissioners on Thursday directed their legal counsel to withdraw her legal opinion that supported the issuing of same-sex marriage licenses, noting that as a “general law,” not “home rule” county, the state’s stance on the issue – not a Multnomah County legal opinion – governs the matter.
Jacki Haggerty, Jefferson County legal counsel, said Wednesday she had reviewed the Multnomah County attorney’s opinion, which sparked the controversial step to issue marriage licenses in Portland, and found it to be well-reasoned and well-documented.
Haggerty had told The Oregonian that she was hoping “we’ll get more guidance and more clarity from the courts or the attorney general.” Until then, she said, the memo by Multnomah County counsel Agnes Sowle “is the best we’ve seen on the issue” – and Haggerty indicated the county could face legal problems, should it deny any same-sex couples a license.
But after meeting Thursday afternoon in emergency session, county commissioners directed Haggerty to withdraw the legal opinion that was given to county Clerk Kathy Marston.
In a joint statement issued by commissioners Walt Ponsford, Bill Bellamy and Mary Zemke, they said, “(Haggerty’s) opinion indicated that there was a legitimate legal argument for Multnomah County actions, especially since Multnomah County is a `home rule county.’ As a home rule county, Multnomah County commissioners do have authority to administer the issuing of marriage licenses.”
But “Jefferson County is a `general law county,’” the commissioners wrote. They said that means, “The county commissioners have no authority to direct the county clerk, an elected official, on policy as it relates to the issuing of marriage licenses. The counties are given the authority to issue marriage licenses by state law, and the policies and procedures are the express authority of the county clerk, who has to follow state law.”
“Upon learning that the majority of county clerks from general law counties have received legal advice to follow state law regarding the issuing of marriage licenses as it has been interpreted in the past, the Jefferson County Board of Commissioners has directed our legal staff to withdraw the legal opinion,” the statement said.
“The Jefferson County Clerk will continue to issue marriage licenses in the same manner as has historically been done, until the attorney general of the state of Oregon issues an opinion and advice to the county clerks,” the commissioners wrote, in a statement echoing one issued Wednesday by Deschutes County. “Ultimately, it is for the state Legislature, the electorate, and/or the Supreme Court to decide whether, as a matter of policy, Oregon should authorize same-sex marriages.”
