Couple went in with intention to file lawsuit against Benton County
Monday, June 28, 2004 7:46 AM PDT
By Associated Press
Printable version
E-mail this articleMONROE, Ore. -- Orin Nusbaum and Amanda Fanger set off recently to seek a marriage license and file a lawsuit -- all at once.
The two are the first to challenge Benton County's decision to stop issuing any marriage licenses at all, until there is a statewide resolution to the question of whether gay couples should be allowed to marry legally in Oregon.
But Fanger and Nusbaum, who are to be married in October, have filed a lawsuit claiming that Benton County Clerk James Morales is violating state law by not issuing licenses to heterosexual couples.
"It's a matter of principle," Nusbaum said. "We felt that somebody should step up to the plate."
Their families have known each other for decades. The Nusbaums even farmed the Fangers' fields at one time. But Nusbaum and Fanger never met until two years ago, when both were volunteers for the Monroe Fire Department.
Nusbaum said he knew when he and Fanger applied for their marriage license Tuesday that they would be denied -- their intention, instead, was to force the issue. In fact, they were counting on being denied because their wedding is scheduled for October, and a marriage license expires 60 days after it's issued.
"We knew it would take awhile," he said. "If we get to September (and the case is not resolved), we'll have to re-evaluate our options. We'll burn that bridge when we come to it."
Nusbaum said that there are several groups financially helping the couple pursue a lawsuit, but he declined to name them. He said he was in touch with the organizations before filing the lawsuit.
Nusbaum said he and Fanger knew they were jumping into a very public debate when they filed their suit.
"We talked about it at length," he said. "That's why it took us two and a half months to proceed. It's not something we just jumped right on -- it took awhile. We've got a solid relationship, and we realize what the consequences are."
A hearing on the lawsuit will be held July 12 in Benton County Circuit Court. Corvallis attorney Chris Dunfield is representing the couple.
Copyright 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Past Month's Most Commented Stories