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May 22, 2008

Oregon Plaintiffs Lose Appeal to Overturn Antimarriage Amendment

Oregon Plaintiffs Lose Appeal to Overturn Antimarriage Amendment

The Oregon court of appeals rejected arguments to overturn a 2004 ballot measure that amended the state's constitution to exclude gays and lesbians from marriage.

Basic Rights Oregon executive director Jeana Frazzini said in a press release Wednesday that Constitutional Amendment 36 reneges on the promise of equal protection for Oregonians. "Using the initiative process to treat one group of citizens differently insults the spirit of the Oregon constitution and violates every Oregon tradition of fairness," Frazzini said.

The plaintiffs argued in Martinez v. Kulongoski that the measure revised Oregon's constitution rather than adding an amendment. The rules for revising the constitution require a measure's supporters to present the measure to the legislature, rather than circulating initiative petitions, to put the question before Oregon voters, according to Basic Rights Oregon.

Lead attorney Mark Johnson said that the plaintiffs plan to appeal the case to the state supreme court because "the measure should never have been presented to Oregon voters." (The Advocate)

Reader Comments

These comments are reproduced as written by visitors to this Web site. They have not been edited for content, grammar, or spelling. The viewpoints appearing here are those of the writer, and do not necessarily reflect the opinion or views of advocate.com, The Advocate, or its affiliates.

  • Name: Marie
    Date posted: 2008-05-22 7:31 PM
    Hometown: Boxborough, Mass.

    Comment:

    You can ask for assisted suicide but gays can't marry. Go figure. I think I'll stay in Mass.


  • Name: Ted Hayes
    Date posted: 2008-05-22 3:59 PM
    Hometown: Kingston, NY

    Comment:

    "The Oregon court of appeals rejected arguments to overturn a 2004 ballot measure that amended the state's constitution to exclude gays and lesbians from marriage." A ballot measure determined civil rights (equal protection) of Oregon's citizens? From a MA newspaper: "Voting and civil rights are as American as apple pie and the Fourth of July. But using one to determine the other is not. Civil rights are entitlements not to be granted or withdrawn by the will of the people."


  • Name: James Lockwood
    Date posted: 2008-05-22 2:47 PM
    Hometown: Ventura, CA

    Comment:

    Those damned activist judges up there. How dare they ban Gay Marriage.


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