Gay couples in Central Oregon cannot get a marriage license from their county clerk’s office.

Nancy Blankenship, Deschutes County clerk, said Wednesday unless the Oregon Supreme Court rules current law unconstitutional, or until the Legislature directs county clerks otherwise, gay couples will not be issued marriage licenses.

”At this point, we believe we’re following state law and it’s being interpreted correctly,” she said.

The Deschutes County Board of Commissioners stands behind her decision, according to a county press release.

As of Wednesday afternoon, no gay couples had made inquiries about obtaining a marriage license from her office, she said.

Because Deschutes County is a general law county, the publicly-elected county clerk is the final local authority regarding the issuance of marriage licenses, according to the release.

Unlike Multnomah County, which has a home rule charter that allowed the county counsel there to authorize the issuance of marriage licenses to gay couples, Deschutes County commissioners don’t have authority in this area.

If a gay couple were to get their marriage license in Multnomah County, they could be married in Deschutes County, if they find someone to marry them, Blankenship said.

Whether the county will recognize the marriages, ”That’s a legal question I can’t answer for you,” she said.

Dee Berman, Crook County clerk, said gay couples haven’t inquired about obtaining a marriage license from her office. And if they did, she said, she wouldn’t give it to them.

As Berman understands state law, it’s not legal for gay couples to marry.

”Unless the state changed (the marriage) statute, I will not issue a license,” she said.

The Crook County clerk believes Multnomah County, in its interpretation of Oregon law, is failing to take into consideration how a marriage is solemnized.

ORS 106.010 defines marriage as a civil contract ”entered into in person by males at least 17 years of age and females at least 17 years of age,” and does not specifically prohibit same-sex unions.

However, Berman said, ORS 106.150, which defines ”form of solemnization,” says ”the parties thereto shall assent or declare in the presence of the minister, county clerk or judicial officer solemnizing the marriage and in the presence of at least two witnesses, that they take each other to be husband and wife.”

A husband, as defined by Webster’s Dictionary, is a man, she said, and a wife, a woman.

”I can’t say it’s right or wrong,” she said. ”I’m reading it as I believe the law states.”

Whether the county will recognize the marriages as legal unions is not up to the clerk’s office, but rather the state’s vital records office.

”I think the (Oregon) attorney general has been asked by vital records to make a determination on it,” Berman said. ”Probably, though, it’s going to be tested in the court system. Whether it’s legal, valid or binding, I think that’s going to be an eventual court decision.”

Kathy Marston, the Jefferson County clerk, could not be reached for comment Wednesday.

Lisa Rosetta can be reached at 541-617-7812 or lrosetta@bendbulletin.com.