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SALEM, Ore. - Supporters of gay marriage are applauding an opinion by the attorney general that banning gay marriage probably violates Oregon's constitution.

"This is huge. It's clearly a victory for the civil rights movement in Oregon," said Senate Democratic Leader Kate Brown, who is an acknowledged bisexual.

But opponents of gay marriage also claimed victory Friday when Attorney General Hardy Myers noted that state law forbids counties from issuing marriage licenses to gay couples, as Multnomah County has been doing for about a week in Portland.

Kelly Clark, an attorney for the Defense of Marriage Coalition, which has asked county courts to block same-sex marriage, said his clients "welcome the advice from the attorney general to local governments not to take matters into their own hands."

In fact, Myers' nonbinding legal opinion leaves in limbo the practice of granting marriage licenses to gay and lesbian couples, effectively handing off the issue to the Oregon Supreme Court, which is considering requests to block the marriages.

Oregon Republican Party Chairman Kevin Mannix called Myers' opinion a "cop-out."

"That's not fair to the citizens of the state and not even fair to the gay couples who got a marriage license because they don't know if they are valid," he said.

Mannix added that the Legislature should put a constitutional gay marriage ban on the statewide ballot in November "so this matter can be fully and finally decided by the people."

Gov. Ted Kulongoski said he opposes any move by the Legislature to send a measure to the voters.

"I will not support putting discrimination into the state constitution or the federal constitution," he said. "That is not who we are as a people."

The state has said it will not try to compel the county to stop issuing licenses, meaning Portland apparently remains the only city in the nation where gay couples can get married.

However, county spokeswoman Rebecca Uherbelau said the marriage license office in Portland would be closed until noon Monday while county leaders considered the attorney general's legal opinion.

The attorney general's opinion is not binding on counties, and Kulongoski said the opinion is "fraught with warnings to be careful" about drawing conclusions about any ruling by the state's high court on the issue.

Marianne Ozmun, 39, who drove down from Shelton, Wash., on Friday to get a marriage license with her longtime partner, Jody Wells, said she hoped the county would persevere.

"I have cried so many times in the last three weeks," she said, and if the county stops issuing licenses, "I'll do it again."

The gay marriage issue surfaced in Oregon about a week ago when Multnomah County commissioners concluded that a review of state law indicated the county could not deny marriage license applications from gays.

Since then, about 2,000 gay couples from around the nation have flocked to Portland to be married. San Francisco started gay marriages about a month ago, but the California Supreme Court on Thursday ordered an immediate halt to the ceremonies.