Oregon Anti-Gay Amendment Ruled Legal
Oregon Anti-Gay Amendment Ruled Legal
by 365Gay.com Newscenter Staff
Posted: November 4, 2005 12:30 pm ET
(Salem, Oregon) An Oregon judge Friday upheld the state's constitutional ban on same-sex marriage.
Marion County Judge Joseph Guimond ruled that the ballot question put to voters last November did not contain separate issues. Oregon's constitution requires that questions put to voters must not have multiple issues.
In arguments before the court in September Basic Rights Oregon lawyer Mark Johnson told Guimond that the measure makes at least two and maybe four separate amendments to the state constitution that should have been voted on separately.
The Defense of Marriage Coalition, which led the effort to pass the amendment, called the lawsuit "frivolous".
Guimond did agree with Basic Rights that Measure 36 affected more than one section of the constitution, but in in five page ruling said that the changes “are closely related, in that they are the same in each case — each portion of the constitution is amended to take away from same-sex couples the right to have a civil marriage even if that marriage is recognized by another jurisdiction.”
It is expected the case will work its way to the Oregon Supreme Court.
The issue of same-sex marriage in the state arose last year when Multnomah County began issuing marriage licenses to same-sex couples.
Soon after, the county was ordered to stop, but not before 3,000 marriage licenses had been granted.
In April, the Oregon Supreme Court threw out the Multnomah County marriage licenses, saying it was not within the county's rights to issue them.
Following the court decision, Gov. Ted Kulongoski supported a bill that would have granted same-sex couples the same rights under civil unions that married couples get through marriage. It passed the Democratically controlled Senate in July but ran into a roadblock in the Republican controlled House.
House Speaker Karen Minnis refused to allow the bill to come to a vote claiming the bill violated the marriage amendment.
©365Gay.com 2005
http://www.365gay.com/newscon05/11/110405oreCourt.htm
by 365Gay.com Newscenter Staff
Posted: November 4, 2005 12:30 pm ET
(Salem, Oregon) An Oregon judge Friday upheld the state's constitutional ban on same-sex marriage.
Marion County Judge Joseph Guimond ruled that the ballot question put to voters last November did not contain separate issues. Oregon's constitution requires that questions put to voters must not have multiple issues.
In arguments before the court in September Basic Rights Oregon lawyer Mark Johnson told Guimond that the measure makes at least two and maybe four separate amendments to the state constitution that should have been voted on separately.
The Defense of Marriage Coalition, which led the effort to pass the amendment, called the lawsuit "frivolous".
Guimond did agree with Basic Rights that Measure 36 affected more than one section of the constitution, but in in five page ruling said that the changes “are closely related, in that they are the same in each case — each portion of the constitution is amended to take away from same-sex couples the right to have a civil marriage even if that marriage is recognized by another jurisdiction.”
It is expected the case will work its way to the Oregon Supreme Court.
The issue of same-sex marriage in the state arose last year when Multnomah County began issuing marriage licenses to same-sex couples.
Soon after, the county was ordered to stop, but not before 3,000 marriage licenses had been granted.
In April, the Oregon Supreme Court threw out the Multnomah County marriage licenses, saying it was not within the county's rights to issue them.
Following the court decision, Gov. Ted Kulongoski supported a bill that would have granted same-sex couples the same rights under civil unions that married couples get through marriage. It passed the Democratically controlled Senate in July but ran into a roadblock in the Republican controlled House.
House Speaker Karen Minnis refused to allow the bill to come to a vote claiming the bill violated the marriage amendment.
©365Gay.com 2005
http://www.365gay.com/newscon05/11/110405oreCourt.htm
posted by JimG at 1:22 PM
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