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Neighboring Washington and Clackamas counties announced that they were studying Multnomah County's legal opinion, but did not plan to immediately follow suit.

At a hearing on March 9, 2004, after the county had issued approximately 1,700 marriage licenses to same-sex couples, County Circuit Judge Dale Koch refused to issue an injunction to stop the county from continuing the process.

The ACLU argued that Measure 36 was not retroactive, that the rights of same-sex couples under the Equal Privileges and Immunities clause of the Oregon Constitution had been violated, and that counties are required to remedy perceived constitutional violations.

On April 14, 2005, the Oregon State Supreme Court decided Li and Kennedy v.

In July 2004, the Court of Appeals lifted the temporary ban blocking the registration of the marriage licenses issued by Multnomah County.

The state announcing that processing would take a week and began doing so within hours of the court's action.

At a hearing before Judge Frank Bearden on April 16, 2004, in Li and Kennedy v.

Local businesses reported an increase in the sales of flowers and other marriage-related services directly related to the beginning of same-sex marriages.

According to the 2000 US Census, 3,242 same-sex couples were living in the county.

State of Oregon, the American Civil Liberties Union and Basic Rights Oregon represented the plaintiffs and the Oregon Department of Justice and the Defense of Marriage Coalition defended the state's position.

On April 20, 2004, Bearden ordered the county to stop issuing same-sex marriage licenses, and ordered the state to recognize the 3,022 same-sex marriage licenses already issued.