Benton County will join with the plaintiffs in a lawsuit against the state that is expected to be filed in Multnomah County Circuit Court today.

The case stems from the state's refusal to validate marriage licenses issued by Multnomah County to same-sex couples.

The suit seeks to challenge the constitutionality of statutes that prohibit gay marriage and is expected to bring the matter before state Supreme Court for a ruling this year.

Benton County commissioners met with legal counsel Tuesday afternoon to consider whether to file a motion to join — or, in legal terms, intervene — with the plaintiffs, Multnomah County, the American Civil Liberties Union of Oregon and attorneys representing gay and lesbian couples.

The Defense of Marriage Coalition, representing opponents of gay marriage, is expected to file a motion to intervene with the defendant, the state of Oregon.

The ACLU is suing the state to force a review of statutes that Attorney General Hardy Myers has said appear to violate the state Constitution.

By joining with the plaintiffs, Benton County commissioners said they hoped the court would recognize their authority to issue marriage licenses to same-sex couples. The commissioners' decision to begin issuing licenses to gay and lesbian couples was put on hold Monday after the attorney general threatened legal action against the county if it went ahead with issuing licenses today as planned.

Commissioners said they agreed not to proceed because now there is a process to reach a resolution on the constitutionality issue through the Multnomah County case.

"We're finally getting it into a legal arena," Commissioner Annabelle Jaramillo said.

Commissioner Jay Dixon, who voted against Jaramillo and Commissioner Linda Modrell last week on issuing same-sex licenses ahead of a Supreme Court decision, said that not issuing any licenses would protect county employees from being arrested, including the appointed county clerk, James Morales.

"It would have put county employees as risk" if the county had proceeded with issuing licenses, Dixon said.

Going against the attorney general's advice last week was the equivalent of merely operating without Myers' blessing, Modrell told reporters at a press conference Tuesday morning.

By Monday afternoon, though, commissioners said they had become concerned about pushing the attorney general to action.

Now that the county has backed away from issuing licenses until after a court decision, the relationship between Myers and Benton County is back on positive terms, commissioners said.

"He's not unhappy with us," Dixon said. "And we're not unhappy with him."

The commissioners have drawn some criticism for refusing to issue any marriage licenses until the gay marriage question is settled in court. Jaramillo said that withholding licenses from opposite-sex couples is consistent with the commissioners' previous decision to recognize the rights of all people to get married. Benton County residents can still get married here, the commissioners said. They would just need to drive to Albany or another county seat to obtain a license.

"Please be patient," Jaramillo asked of anyone who would be inconvenienced by the decision.