Talk of same-sex unions has skirted the public arena at the Capitol for 89 days.

That may quickly change.

Nearly a year ago, a judge in Portland gave lawmakers 90 days from the start of the session to adopt a civil-unions law or Multnomah County would be allowed to resume issuing marriage licenses to same-sex couples.

However, in November, voters amended the Oregon Constitution to define marriage as between one man and one woman.

Does the deadline matter?

The Oregon Department of Justice says no. Spokesman Kevin Neely said it was nullified with the November vote.

"Judge (Frank) Bearden's order is, if not moot, then certainly unenforceable, based on the constitutional measure," he said.

Yet no request has been made to delay or "stay" Bearden's deadline while the Oregon Supreme Court considers a challenge of the state's marriage law.

The legal limbo has kept Senate Democrats from pushing bills that create civil unions and advance gay rights.

"We didn't want to move forward on the civil-union issue until a Supreme Court ruling," said Sen. Kate Brown, a Portland Democrat and the majority leader. "And we were working on the assumption that it would be before the 90-day window closed."

With no word from the Supreme Court, Brown is finishing a civil-unions bill that she plans to introduce next week.

Republican leaders in the House are waiting for the court's decision, spokesman Charles Deister said.

"It's presumptuous until we hear from the court," he said.

Many others also are waiting for word, including officials in Multnomah County who granted licenses to 3,022 same-sex couples last March.

The county isn't planning any action before the ruling, said Bob Gravely, spokesman for Multnomah County Board Chairwoman Diane Linn.

However, he wasn't sure what officials will do if same-sex couples appear Monday to apply for licenses.

"I'm pretty confident in saying that we have not planned for that," Gravely said.

Portland attorney Kelly Clark is representing the Defense of Marriage Coalition in the case before the Supreme Court. The coalition opposes same-sex marriage.

Clark said he knew of no request to "stay" Bearden's order until the Oregon Supreme Court rules. Clark also expected the ruling within days or weeks.

"I would be stunned if Multnomah County concluded that under these circumstances, anything should happen," Clark said.

Basic Rights Oregon was hoping for a ruling before the deadline, spokeswoman Rebekah Kassell said. With no word from the court this week, the gay-rights group isn't sure what the deadline's arrival means.

"This is already a muddy legal situation, and this certainly adds to that," Kassell said. "Regardless of the (Supreme Court) ruling, we do want the Legislature to act as quickly as possible."

That action may not be all they hope for. Senate Democrats are mixed about whether to go all out for civil unions or advance less-ambitious anti-discrimination bills that may have longer political legs.

Sen. Rick Metsger, D-Welches, says he has found six Republicans committed to voting for his gay-rights bill. He needs three, plus all 28 Democrats, to pass it.

A bill in the House written by Basic Rights Oregon covers sexual orientation and gender identity in 17 more areas than Metsger's bill. It is rumored that Metsger has some issue with the trans community and is trying to get his bill in front of the other in hopes that conservatives may go for his instead.

Ideally, Metsger said, both gay and the transgendered communities would be covered in the same anti-discrimination laws as other minorities. Politically, the less-aggressive bill has a better chance in the Republican-controlled House, he said.

"It's the art of what's right and the art of what's doable," he said. "This is both right and doable."

Other Democrats, such as Portland Sen. Avel Gordly, want to hear all the ideas in hearings before deciding what is palatable.

Sen. Charlie Ringo, D-Beaverton, said he supports civil unions but wouldn't pass up the chance to add gender identity to laws prohibiting discrimination.

"I would support what is a strong step in the right direction," he said, "even it if is not as strong as others would like."

This entry was posted on Friday, April 08, 2005 at 10:08 AM. Want to discuss? Leave a comment below.