08409
May 27, 2008

Court backs Oregon gay marriage ban

by Ashbel S. (Tony) Green
Religion News Service

PORTLAND, OR — The Oregon Court of Appeals on May 21 upheld the ban on gay marriage that state voters approved by a wide margin in 2004.
   
The court rejected two procedural arguments that attacked the scope of the initiative, known as Measure 36, and whether it ever should have appeared on the ballot.
   
There are two ways to change the Oregon Constitution: by initiative, which allows citizens to propose discrete changes; and by revision, which allows the Legislature to propose sweeping changes.
   
Gay-rights advocates argued that Measure 36 was a revision because it fundamentally altered the Constitution.
   
“Our Constitution was created to perpetuate liberty and establish justice,” said Jeana Frazzini, executive director of Basic Rights Oregon, the gay-rights group that brought the legal challenge. “And Measure 36, by denying a portion of our community access to equality of the law — that’s a serious change in what the Constitution promises.”
   
But the Court of Appeals said Measure 36 “is not so far-reaching” that it should be overturned as a revision.
   
Supporters of Measure 36, which passed by 57 percent to 43 percent, applauded the ruling.
   
“Marriage between one man and one woman is the ideal for raising children,” said Nick Graham of the Defense of Marriage Coalition. “And the government should be in the business of promoting the ideal for children and families.”
   
Gay-rights advocates promised to appeal to the Oregon Supreme Court.