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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: 113
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 # 7.

#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  


#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   3:08:53 ET  Reply   Untrace   Trace   Private Reply  


#3. To: mirage (#2)

It is all the legal entanglements surrounding the legal status from pensions to access to loved ones sick in hospitals or in probate matters.

Too many people who meant allot to others as partners throughout their lives need protection with the way things are set up.

I as an anarchist an hardly unfriendly to the model you are a proponent of. But in the short term, as someone sick up to here from decades of Oregon Citizen Alliance actions and the constant aggressive use of the gay issue as a wedge issue in my state, I am sick and tired of this game and hate those instigating it -- people like Lon Mabon and Scott Lively of the OCA for example.

I support domestic partnership and would love to see a system develop where this game couldn't be played because the legal system is set up with more trust and common sense making this license function a moot process.

But that is not going to happen overnight, if at all.

The system of case law, Stare Decisis is very firmly entrenched into how things are here in the United States. Until that changes, I'll support the adjustments to the current legal paradigm and support rights for all, including gay and lesbian people.

Ferret Mike  posted on  2007-12-29   3:33:57 ET  Reply   Untrace   Trace   Private Reply  


#4. To: Ferret Mike, christine (#3)

...pinging Christine for some Oregon Electoral Humor....

Of course, change won't happen overnight. But if we're going to advocate for change, why not "do it right the first time" so to speak?

In terms of precedent, President George Washington never had a "state marriage license" - that's good enough to use as a precedent.

As for probate, that is what wills are for. Note that Paris Hilton just got the shaft...and as we know, an oral will dictated on the deathbed with a witness IS legal....as is a quickly scribbled handwritten one.

Lon Mabon can kiss my...um....well, he can kiss someone else's. I don't want his cooties. I still like the "No on 9" campaign "Argument in Favor" that said:

ARGUMENT IN FAVOR

According to the book of Leviticus in the Bible, Oyster eating, crossbreeding cattle, shaving a beard, wearing clothes made of mixed fibers, cursing one's parents and adultery are just as immoral as homosexuality. If the OCA's "No Special Rights" Committee wants to take one of the 3,000-year old laws of ritual holiness from Leviticus and put it into the Bill of Rights in the state constitution, they should be sincere enough to put all the rest of Leviticus into the constitution as well. It's simple matter of respect for these historic laws to treat them consistently.

We at the Special Righteousness Committee are just as offended by oyster eating, shaving and mixed fibers as the OCA is offended by homosexuality, and we have just as much right as the OCA does to change the state constitution to require government discrimination against people whose behavior we don't like.

My friends, do you want the public schools teaching your children that shaving is a legitimate and equal alternative style to a normal healthy beard? Would you want to be forced to hire an oyster-eater to direct your church choir? Adam and Eve wore fig leaves--100 percent fig leaves--and this is divine proof that those disgustingly unnatural cotton/polyester blends are sinful. And when the OCA was analyzing the threat to traditional family values, we don't know how they managed to overlook adultery! Why there's a lot more adultery than homosexuality going on out there, and extrapolations from the OCA statistics show that 90 percent of the people who have engaged in sexual perversions are heterosexual ("straight").

The state condones adultery by not punishing it by death as required by Leviticus. It promotes oyster-eating by licensing seafood restaurants, it allows people to take mixed fibers out in public without being fired or evicted! The state is encouraging sin!

If the OCA can have the special right to make their personal moral agenda into public policy, then anyone else also should be able to amend the state Bill of Rights to eliminate basic rights for people who they don't like.

Let's put ALL of Leviticus into the constitution! A "yes" vote is the first step in facilitating our militant moral agenda.

AGREE WITH US OR BURN IN HELL!

Special Righteousness Committee

Or how about these 'Arguments in Favor' of Measure 36?

CULTURE WAR!

Traditional values are under attack, and sexual perverts are attempting to strain the definition of marriage far beyond what God has ordained. The Word of the Lord must be legislated as Oregon public policy.

In the Holy Bible, Saint Paul says that Christians should remain single and abstain from sex. The New Testament says that people should get married only if they are too weak-willed to abstain from sex:

"It is well for a man not to touch a woman…. It is well … to remain single as I do. But if they cannot exercise self-control, they should marry. For it is better to marry than to be aflame with passion." (I Corinthians 7:1, 8-9)

Marriage is not sacred. Marriage is for wimps and sissies!

Oregon public policy should define marriage in accordance with divinely inspired Scripture. Therefore, marriage licenses should be granted only to those persons who have been certified by professional psychiatric examination to be too weak-willed to abstain from sex.

Oh, by the way, although Jesus never said a single word condemning homosexuality, if heterosexuals can't get married, homosexuals shouldn't be allowed to marry either—well, unless they're too weak-willed to abstain.
Sissies!

The sissy institution of marriage must not be perverted by sinners who are capable of abstaining! The sacred union of church and state must prohibit the immoral union of men and women capable of the discipline of sexual abstinence. We are not saved by either faith or good works. We are saved by religious-right legislation!

Freedom of religion and equal treatment under law is simply the special right to sin, because our tradition is the one and only truth! And our tradition (that is, our personal moral opinions) should become law.

AGREE WITH US OR BURN IN HELL!

(This information furnished by M. Dennis Moore, Traditional Prejudices Coalition.)

Argument in Favor

MARRIAGE IS SACRED!

The Bible says that marriage is for procreation. God made Adam and Eve, and Adam and Eve made Cain and Abel, not an empty nest.

Marriage is for procreation. If you're not pro-Creation, you're anti-God. And once a marriage has been solemnized, sex is serious business. The solemnity of sex must not be abused for sinful pleasures. Sex is for procreation, not recreation. And marriage is for breeding purposes.

Therefore, it should be Oregon public policy that

* Homosexuals may not marry.
* Infertile persons may not marry.
* Men with vasectomies may not marry.
* Women with hysterectomies may not marry.
* Post-menopausal women may not marry.
* Persons planning to use birth control may not marry.
* Non-virgins may not marry (Deuteronomy 22:13-21).
* Inter-racial couples may not marry (Deuteronomy 7:3).

And couples who fail to conceive within two years ought to have their marriage licenses revoked.

Additionally, the Bible says that

* Divorced persons may not marry (Luke 16:18).
* And if a man dies without leaving a male heir, it is his brother's responsibility to impregnate the widow (Genesis 38:6-10). If he refuses, he shall be fined one shoe (Deuteronomy 25:5-10).

This is the sacred word of the Lord, steadfast and unchanging.

Traditional morality must become Oregon public policy. All of it. And the older the tradition, the better. The separation of church and state be damned. In order to protect the sanctity of marriage and the sacred institution of heterosexual procreation, unequal treatment and discrimination must be legislated consistently against all persons who cannot or will not breed as God intended. It is God's will that we multiply and fill the Earth and finally subdue it when the population explosion self-implodes. Praise God!

Love is not good enough a reason to marry, because marriage is only for

HETEROSEXUALBREEDING.COM

(This information furnished by M. Dennis Moore, Defense of Heterosexual Breeding Coalition.)

Argument in Favor

THE TRADITIONAL FAMILY IS UNDER ATTACK!

Frightening new unprecedented social changes are threatening old traditional values. And these attacks on tradition have been escalating--for millennia!

First there was Original Sin when Eve disobeyed God! Then the Flood! Then Abraham abandoned the traditional practice of human sacrifice! Then Jews instituted the modern covenant of circumcision! Then Moses brought down from Mount Sinai a bunch of new-fangled Laws on stone tablets! And later Jesus abolished them and preached instead the radical new Golden Rule!

Polygamy fell out of favor! Women were no longer mere pieces of property belonging to men! Next these uppity women demanded the right to vote! Families could no longer own slaves! Prohibition saved the family from destruction by Demon Rum! The nineteenth-century extended families on American farms were destroyed by the 1950s social engineering of the "Leave It to Beaver" suburban cookie-cutter nuclear families! Blacks refused to ride in the back of the bus! Women demanded equal pay for equal work! Single parents demanded respect! Gays and lesbians demanded an end to hatred and oppression! Flower children protested traditional mass-murder warfare and genocide! Divorce skyrocketed! The silence surrounding child abuse was broken!

Frightening social changes continued! And then the religious right began a righteous backlash! First they accused gays and lesbians of being promiscuous! And when this failed, they began accusing them of having long-term committed monogamous relationships and wanting to get married!

Where will it all end? After 6,000-some years of frightening attacks on old traditional values, will history never cease to unfold? Will God never stop throwing all of these radical social changes at us?

My friends, there is a simple answer. All you have to do is

VOTE TO TURN THE CLOCK BACK!

It's really that simple!

Now, which one of these radical social changes will this measure turn the clock back to? Oh, come on, let's just

LEAVE IT TO BEAVER!

(This information furnished by M. Dennis Moore, The Beaver State Defense of Beaver Coalition.)

Now THAT kind of stuff we need more of.

mirage  posted on  2007-12-29   3:54:31 ET  Reply   Untrace   Trace   Private Reply  


#7. To: mirage (#4)

The Beaver State Defense of Beaver Coalition.

Oh, I like that... I really like that! Where does one join!? Are there fees involved? Or, PRIVILEGES? One musts know these kinds of details, one must!

Actually, I like the entire post; shows exactly what is wrong with democracy in government, per se. Everybody wants something, and it is perfect for those with the power/money to control the debates, and win their own battles without anyone much even being aware of what happened.

richard9151  posted on  2007-12-29   11:24:02 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 7.

#8. To: richard9151 (#7)

Everybody wants something, and it is perfect for those with the power/money to control the debates, and win their own battles without anyone much even being aware of what happened.

Let me gently correct your statement to reflect what's really going on:

Everybody wants to impose their values and desires on others and make them pay for the privilege while telling them to be thankful for the opportunity to finance their own dispossession.
The rest is not needed.

mirage  posted on  2007-12-29 15:10:22 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 7.

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