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)
