SALEM — The state probably will seek a stay of a Multnomah County judge's ruling that more than 3,000 same-sex marriages be recognized as valid, a spokesman for Attorney General Hardy Myers said Wednesday.

Kevin Neely said it's "more likely than not" that appeals judges will be asked to suspend that part of Circuit Judge Frank Bearden's overall ruling that the state's marriage law unconstitutionally deprives same-sex couples of equal rights.

Neely said a stay would limit the confusion during an appeal over the legal benefits to which married gay couples are entitled.

Bearden barred Multnomah County from issuing more marriage licenses to homosexual couples, but also became the nation's first judge to legally recognize such marriages

He directed the state's vital records office to accept as valid the 3,022 same-sex marriage licenses issued by the county since it began the practice on March 3.

State recognition of the marriages could trigger eligibility for numerous benefits, Neely said, such as employee-spouse health insurance coverage and public pension benefits that favor married couples.

Other examples include child support laws and laws that put a surviving spouse first in line to inherit an estate when a spouse dies without a will.

"A host of immediate privileges available to married couples clearly are not available to unmarried couples," Neely said.

Validating the same-sex marriages now could "muddy the waters," Neely said, because there's a risk that a higher court might overturn them.

Neely said it's virtually certain the state will appeal Bearden's overall ruling in hopes of getting the case quickly to the Oregon Supreme Court for a final decision.

Bearden didn't say state law must allow gay marriages, but he said the Oregon Constitution's equal protection provisions require that same-sex domestic partners have substantially the same legal rights as married couples.

He gave the Legislature 90 days from the start of the next session it holds to rework state law to comply with the constitution.

Missing the deadline would allow Multnomah County to resume issuing marriage licenses to gay couples.

"Our goal is to get a final determination from the Supreme Court in time for the next general legislative session," Neely said. The 2005 regular session will start in January.

The deadline also would apply if lawmakers hold a planned special session on tax reform in June. Leaders are divided on whether lawmakers should tackle the divisive issue in a special session or even hold a session before the Supreme Court rules in the case.

Lawyers are expected to ask that the appeal bypass the state Court of Appeals and go directly to the state's top court.