Judge upholds gay rights law

By Julia Silverman, Associated Press Writer
Saturday, February 02, 2008 | 4 comment(s)

Font Size: Shrink Font Enlarge Font | Submit your news
PORTLAND — In a huge victory for Oregon’s gay rights movement, a federal judge on Friday swept aside his earlier order and allowed same-sex couples throughout the state to register as domestic partners.

Jubilant activists predicted that hundreds of couples would line up on Monday morning at county offices to register. Soon after the ruling, the state announced that forms for domestic partnership applications were available online.

“We’re a family. We’ve been waiting for this for a long time,” said a beaming Cathy Kravitz, a Portland resident, of her partner of 21 years.

With the ruling from U.S. District Judge Michael Mosman, Oregon becomes the ninth state to approve spousal rights in some form for gay couples, joining Connecticut, Vermont, New Hampshire, New Jersey, Maine, California, Washington and Hawaii. Massachusetts is the only state that allows gay couples to marry.

Gay couples who register as domestic partners will be able to file joint state tax returns, inherit each other’s property and make medical choices on each other’s behalf, along with a host of other state benefits given to married Oregonians.

Mosman lifted a temporary injunction he imposed in late December, just days before the domestic partnership law approved in the 2007 legislative session was due to take effect.

In his ruling, issued from the bench, Mosman rejected arguments made by attorneys for the Alliance Defense Fund, an Arizona-based group that advocates for Christian legal issues, who said they will appeal his decision.

The group’s lawyers had argued that county elections clerks had improperly disqualified voter signatures collected during a drive to refer the domestic partners law to the November 2008 ballot.

The referendum drive fell 96 signatures short of the 55,179 needed to refer a law passed by the legislature to the ballot.

Alliance Defense Fund lawyer Austin Nimocks had argued that a signature on a petition should be given the same weight as a signature on a ballot, and that elections officials should have made more of an effort to contact voters whose signatures were disqualified.

But Mosman, who was appointed to the bench by President George W. Bush, said signatures on a petition amounted to, “a call for an election, not a substitution for an election.”

Anti-gay rights activists said they planned to quickly mount another drive to collect signatures to put the issue onto the ballot.

“We want to vote — we think that our signatures mean something and it was an arbitrary move by the secretary of state’s office,” said Carolyn Wendell of Stayton, a chief petitioner in the lawsuit. “They just threw petition sheets out left and right.”

Gay rights groups said they were prepared to continue fighting for the cause, both in court and on the ballot.

“The (Alliance Defense Fund) is an out-of-state group that could care less about the individual rights of folks here in Oregon,” said Jeana Frazzini, executive director of Basic Rights Oregon. “They have certainly demonstrated that through the harm they have caused to same sex couples across this state because of the delay they’ve faced for the past month.”

Nimocks, though, called the judge’s ruling a setback for voters

“If you thought that you actually had a right to have your voice count in referendums in Oregon, the judge’s ruling has just told you that you don’t have that right,” he told reporters.

Testimony on Friday turned on whether the state had a “common standard” to evaluate whether a voter’s signature on a petition was valid.

Mosman, though, said the state had supplied enough evidence — if just barely — that a common standard existed in all of Oregon’s 36 counties.

Lawmakers approved the domestic partnership law last year, alongside another new law that took effect Jan. 1, outlawing discrimination based on sexual orientation.

In 2004, about 3,000 same-sex couples were granted marriage licenses in Multnomah County, the largest county in Oregon.

But later that year, Oregon voters approved a constitutional ban on gay marriage. The Oregon Supreme Court nullified the 3,000 licenses as unconstitutional in 2005.

  ———

  Partnership forms: http://www.oregon.gov/DHS/ph/chs/order/docs/45-6interact.pdf
Tags »
Previous
Next

Have you checked out The World Link Forums?

Comments

The comments below are from users of theworldlink.com and do not necessarily represent the views of The World or Lee Enterprises. Participation Guidelines

Note: There is a maximum of 200 words per comment. If you wish to post more, please visit our forum.
Comment Policy

The World welcomes your comments about stories, and we encourage a robust dialogue on this site. All comments must meet reasonable standards of decency and civility.

Please follow these basic rules:

  • No defamatory comments about individuals or businesses.
  • No deliberately false information.
  • No obscenity or racially offensive language.
  • No harassment, verbal abuse, threats or personal attacks.
  • No information that invades another person's privacy.
  • No business solicitations or charitable solicitations.
Comments that violate these standards will not be posted. Users with repeated violations may be banned from future posting.

Comments will be approved throughout the day during business hours. After hours and weekend comments may not appear until the following business day. It may take a couple of hours before comments are approved.

The World generally does not edit comments, but we reserve the right to edit any comment that does not meet our standards.

Close Guidelines

Lisa wrote on Feb 3, 2008 7:25 AM:

Riggs, if you aren't gay how in the world does this have anything to do with you? How could what other people do in the safety & privacy of their own home, possibly effect you in anyway? Stop being a busy body and mind your own business!

GiveMeABreak wrote on Feb 3, 2008 1:09 AM:

How does the domestic partnership law infringe on your rights??? No one is forcing you to enter into one.

Elizabeth wrote on Feb 2, 2008 10:55 PM:

"Riggs"...?

Please be so kind as to elaborate for everyone on just how it is that two gay people having hospital visitation & inheritance rights, has ANYTHING to do with YOUR rights??

It is _your attitude_ that is deviant, ugly, and close-minded.


Riggs wrote on Feb 2, 2008 6:10 PM:

"gay rights"?
You have the right to move BACK to california, you have the right to crawl back in your closet, but you have NO right to infringe on MY rights with your deviant life style.


*Member ID:
*Password:
 

Not already registered?

Do not use usernames or passwords from your financial accounts!

Note: Fields marked with an asterisk (*) are required!



*Create a Member ID:
*Choose a password:
*Re-enter password:
*E-mail Address:
*Year of Birth:
 

(children under 13 cannot register)

*First Name:
*Last Name:
Would you like to be added to our mailing lists?
Daily Headlines
Breaking News
Special Offers
 
Advanced Search
Web Search powered by YAHOO! SEARCH

Blogroll

Most Popular

Polls

» View Past Poll Results
» Suggest a Poll

Marketplace

Special Sections

More Special Sections