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Dead Constitution
See other Dead Constitution Articles

Title: Oregon domestic partnership law halted
Source: AP
URL Source: http://news.yahoo.com/s/ap/20071229/ap_on_re_us/oregon_gay_rights
Published: Dec 29, 2007
Author: SARAH SKIDMORE
Post Date: 2007-12-29 01:09:59 by richard9151
Keywords: None
Views: 100
Comments: 9

Fri Dec 28, 8:17 PM ET

PORTLAND, Ore. - A federal judge on Friday placed on hold a state domestic partnership law that was set to take effect Jan. 1, pending a February hearing.

The law would give some spousal rights to same-sex couples.

Opponents asked U.S. District Judge Michael W. Mosman to intercede after the Oregon secretary of state's office ruled in October that they had failed to collect enough valid signatures on a referendum to block the law.

The Oregon measure covers benefits related to inheritance rights, child-rearing and custody, joint state tax filings, joint health, auto and homeowners insurance policies, visitation rights at hospitals and others. It does not affect federal benefits for married couples, including Social Security and joint filing of federal tax returns.

After the Legislature approved the domestic partnership law this year, gay rights opponents launched an effort to collect enough signatures to suspend the law and place it on the November 2008 ballot for a statewide vote.

But state elections officials said this fall that the effort fell 116 valid signatures short of the 55,179 needed to suspend the law.

In court Friday, Austin Nimocks, a lawyer for Alliance Defense Fund, which opposes the measure, said the state's review process was flawed, disenfranchising citizens who had signed petitions.

The state's largest gay rights group, Basic Rights Oregon, criticized the judge's decision.

"It's unfair our families once again are bearing the brunt of this ongoing struggle," said Jeana Frazzini, a spokesman for the group.

Eight other states have approved spousal rights in some form for same-sex couples — Connecticut, Vermont, New Hampshire, New Jersey, Maine, California, Washington and Hawaii. Massachusetts is the only state that allows gay couples to marry.

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Begin Trace Mode for Comment # 1.

#1. To: richard9151 (#0)

I support this law and expect to see it go into effect. Ironically, I have interesting experiance with these sort of paid petition gatherer contracters and believe the Oregon Secretary of State's verification process for petition signatures.

The law should allow all same gender people to marry if they want to. This is a good law long overdue. However, as good as it is, it does not go far enough to give people the rights they deserve.

Ferret Mike  posted on  2007-12-29   2:28:59 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 1.

#2. To: Ferret Mike (#1)

I've got a better solution.

Get Government OUT of the marriage business altogether. No more "marriage licenses" or anything needing to be registered with the State.

Send marriage back to the churches where it belongs! Guaranteed, the Unitarians and other folks like your friendly neighborhood ULC minister (that's Dr. Rev. mirage, D.D. to you!) would be happy to marry anyone. My fee is a double-mocha plus $5 so I can produce a decently printed certificate.

Marriage is a civil contract between two people. Government has no need to be involved in any way, shape, or form. There is no need to make Government a party to any civil contract. The people performing the ceremony can cut two copies of their certificate, one for each of the people involved, which is their proof that a civil contract was entered into.

Divorce proceedings can go on as usual if needed with the Courts intervening to cancel the civil contract.

My solution gives everyone what they want. If the fundies don't want to perform ceremonies for homosexual couples, they don't have to. Homosexual couples can be married elsewhere - and there is no need for anyone to get their knickers in a twist.

But this simple solution makes far too much sense so of course, nobody will go for it.

mirage  posted on  2007-12-29 03:08:53 ET  Reply   Untrace   Trace   Private Reply  


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