March 06, 2004

Know Thy Enemies

A Guide To Threats Against Same-Sex Marriage In Oregon

Yesterday's Portland Tribune check out same-sex marriage opponents, and today's Oregonian did so as well.

In the print edition of the latter article, a helpful chart was included which provides information about moves to block same-sex marriage in Oregon both in the courts and through the political system.

Using the information in that chart as a guide, we're going to take a little tour through the enemy camp.

Defense of Marriage Coalition

"Filed suit Friday," The Oregonian writes, "will ask judge on Monday to stop Multnomah County from issuing licenses to same-sex couples and declare marriage is between a man and a woman."

As indicated by the complaint itself, the Defense of Marriage Coalition is actually just an assumed business name of the Oregon Family Council Education Foundation, which itself is an Oregon not-for-profit doing business as the Oregon Family Council, which bills itself as "an information service for Oregon Christians since 1980." Under the auspices of yet another name -- the Oregon Family Council Political Action Committee -- the OFC produces a "Christian Voter's Guide" to candidates and ballot measures.

This coming Monday at 2:00 PM, Judge Dale Koch will be holding a preliminary hearing on the lawsuit.

Result, according to The Oregonian: "A judge could issue a temporary injunction while sorting out the legal question."

Outcome, according to The Oregonian: "Could be appealed to the Oregon Supreme Court."

Oregon Department of Justice

"State attorney general," The Oregonian writes, "could ask a judge or go directly to the Oregon Supreme Court to stop the issuing of licenses to same-sex couples."

On March 3, Governor Ted Kulongoski -- an opponent of same-sex marriage -- asked Attorney General Hardy Myers for a legal opinion as to the legality of same-sex marriage in Oregon. Myers has detailed the questions he believes need to be answered in such an analysis, and has provided an online form through which Oregonians can comment on the matter.

Press reports indicate that Attorney General Myers is expected to have his legal opinion ready for release as early as this Monday.

Result, according to The Oregonian: "A judge or the court could block the issuance of licenses."

Outcome, according to The Oregonian: "A lower court ruling could be appealed. An Oregon Supreme Court decisions would likely be final."

Multnomah County Charter Commission

"Amend county charter," The Oregonian writes. "If an amendment can be drafted and approved by March 18, it could be on the May 18 ballot in Multnomah County."

Actually a reference to the Multnomah Coutny Charter Review Committee, since the Charter Commission (as near as we can tell) does not exist anymore.

This effort is led by Multnomah County Commissioner Lonnie Roberts, who opposes same-sex marriage and was left out of the informal discussions of the other members of the Board of Commissioners. According to today's Oregonian, Roberts "as asked an outside lawyer to draft an amendment to the county charter that would define marriage as between a man and a woman" and he expects "to submit his proposal to the county's Charter Review Committee next week."

There is a committee meeting scheduled for Tuesday, March 9, at 7:00 PM. It's unclear if this is when Roberts will present his charter amendment, since according to the Christian Coalition of Oregon, Roberts has called for a meeting on the County's actions, to be held on Tuesday, March 9, at 6:30 PM, in Room 315 of the Multnomah Building at 501 SE Hawthorne Boulevard.

Normally, CRC meetings are held in Room 315 of the Multnomah Building, but next week's has been relocated to the Brentwood-Darlington Community Center, located at 7211 SE 62nd Avenue. Whether or not this means Roberts meant to be calling people to assemble prior to the CRC meeting and has goofed on the location, we don't know.

Result, according to The Oregonian: "If voters approve, charter would be amended to define marriage as between a man and a woman."

Outcome, according to The Oregonian: "Could be appealed to the Oregon Supreme Court."

Supporters of initiative to define marriage by statute

"Would need to gather 75,630 signatures by July 2 to get on Nov. 2, 2004, ballot," The Oregonian writes. "Next opportunity to create law by initiative is 2006."

We've covered these initiatives in depth here already, but here's the quick-reference version.

This refers to the Affirmation of Marriage Act (pdf), initiative #148, which was given the draft ballot title, "Enacts Provision Specifying That Marriage Is A Civil Contract Between One Male And One Female." This initiative would amend ORS 106.010 to read: "Marriage as a civil contract; age of parties. Marriage is a civil contract entered into in person by one male at least 17 years of age and one female at least 17 years of age, who are otherwise capable; and solemnized in accordance with ORS 106.150."

Result, according to The Oregonian: "If voters approve, it would define marriage in state law as being between a man and a woman."

Outcome, according to The Oregonian: "Could be appealed to Oregon Supreme Court."

Supporters of initiative to amend Oregon Constitution

"Would need to gather 100,840 signatures by July 2 to get on Nov. 2, 2004, ballot," The Oregonian writes. "Next opportunity to amend by initiative is November 2006."

We've covered these initiatives in depth here already, but here's the quick-reference version.

This refers to the Constitutional Definition Of Marriage (pdf), initiative #150, which has not yet been given a draft ballot title. This initiative would amend the Oregon Constitution to read: "It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage."

Result, according to The Oregonian: "If voters approve, it would change Oregon Constitution to define marriage as being between a man and a woman."

Outcome, according to The Oregonian: "Could be appealed to U.S. Supreme Court."

Oregon Legislature

"The governor or a majority of both House and Senate," writes The Oregonian, "could call a special session and refer a constitutional amendment to the public for a vote at either a scheduled or a special election."

In fact, the Christian Coalition of Oregon has called for such a special session. And backers of the ballot initiatives support a special session, and "might lobby legislators ... to approve the measure" at their early June special session on tax reform.

Result, according to The Oregonian: "If voters approve, it would change Oregon Constitution to define marriage as being between a man and a woman."

Outcome, according to The Oregonian: "Could be appealed to the U.S. Supreme Court."

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