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U.S. Judge Allows Gay Couples to Register for Domestic Partnerships in
Oregon
Saturday, February 02, 2008
PORTLAND, Oregon - A state law allowing gay couples to register as domestic
partners belatedly took effect after a federal judge ruled the state's
process of disqualifying petition signatures was consistent enough to be
valid.
The state quickly announced Friday that the domestic partnership
applications were available online, and jubilant gay-rights activists
predicted hundreds of couples would line up on Monday morning at county
offices to register.
"We're a family. We've been waiting for this for a long time," said a
beaming Cathy Kravitz of Portland. She said she and her partner of 21 years
will be among those registering on Monday.
The law passed by the 2007 Legislature was to take effect when the new year
started, but U.S. District Judge Michael Mosman suspended it to hear
testimony about a petition drive that sought to put the law before voters.
The petitions fell 96 signatures short of the 55,179 needed to refer the law
to the November 2008 ballot. The petitioners claim that county clerks
rejected signatures improperly.
The Alliance Defense Fund, an Arizona-based group that advocates for
Christian legal issues, said it would appeal Mosman's ruling.
Fund lawyer Austin Nimocks had argued that a signature on a petition should
have 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 said signatures on a petition amounted to, "a call for an
election, not a substitution for an election."
Testimony at the hearing turned on whether Oregon counties had a "common
standard" to evaluate whether a voter's signature on a petition was valid.
Mosman said the state had supplied enough evidence -- if just barely -- that
a common standard existed in all 36 counties.
Petitioners plan to start another drive to put the domestic partnership law
to a referendum.
"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,
who was a chief petitioner in the lawsuit.
Gay rights groups said they were prepared to continue fighting, 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."
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.
In 2004, about 3,000 same-sex couples were granted marriage licenses in
Multnomah County, the largest county in Oregon. But Oregon voters later
approved a constitutional ban on gay marriage, and the state Supreme Court
nullified the marriage licenses.
Oregon becomes the ninth U.S. 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.
Meanwhile, in New York state, an appeals court has ruled that a gay couple's
marriage in Canada should be recognized in New York.
The Appellate Division of state Supreme Court on Friday reversed a judge's
ruling in 2006 that Monroe Community College did not have to extend health
benefits to an employee's lesbian partner. The appellate judges determined
that there is no legal impediment in New York to the recognition of a
same-sex marriage.
U.S. Judge Allows Gay Couples to Register for Domestic Partnerships in
Oregon
Saturday, February 02, 2008
PORTLAND, Oregon - A state law allowing gay couples to register as domestic
partners belatedly took effect after a federal judge ruled the state's
process of disqualifying petition signatures was consistent enough to be
valid.
The state quickly announced Friday that the domestic partnership
applications were available online, and jubilant gay-rights activists
predicted hundreds of couples would line up on Monday morning at county
offices to register.
"We're a family. We've been waiting for this for a long time," said a
beaming Cathy Kravitz of Portland. She said she and her partner of 21 years
will be among those registering on Monday.
The law passed by the 2007 Legislature was to take effect when the new year
started, but U.S. District Judge Michael Mosman suspended it to hear
testimony about a petition drive that sought to put the law before voters.
The petitions fell 96 signatures short of the 55,179 needed to refer the law
to the November 2008 ballot. The petitioners claim that county clerks
rejected signatures improperly.
The Alliance Defense Fund, an Arizona-based group that advocates for
Christian legal issues, said it would appeal Mosman's ruling.
Fund lawyer Austin Nimocks had argued that a signature on a petition should
have 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 said signatures on a petition amounted to, "a call for an
election, not a substitution for an election."
Testimony at the hearing turned on whether Oregon counties had a "common
standard" to evaluate whether a voter's signature on a petition was valid.
Mosman said the state had supplied enough evidence -- if just barely -- that
a common standard existed in all 36 counties.
Petitioners plan to start another drive to put the domestic partnership law
to a referendum.
"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,
who was a chief petitioner in the lawsuit.
Gay rights groups said they were prepared to continue fighting, 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."
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.
In 2004, about 3,000 same-sex couples were granted marriage licenses in
Multnomah County, the largest county in Oregon. But Oregon voters later
approved a constitutional ban on gay marriage, and the state Supreme Court
nullified the marriage licenses.
Oregon becomes the ninth U.S. 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.
Meanwhile, in New York state, an appeals court has ruled that a gay couple's
marriage in Canada should be recognized in New York.
The Appellate Division of state Supreme Court on Friday reversed a judge's
ruling in 2006 that Monroe Community College did not have to extend health
benefits to an employee's lesbian partner. The appellate judges determined
that there is no legal impediment in New York to the recognition of a
same-sex marriage.