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)