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Wednesday, December 19, 2007

Homo Could Domestic Partnerships Be Blocked?

Posted by Amy J. Ruiz on Wed, Dec 19 at 1:29 PM

Uh oh - will the homophobes at Restore America/Concerned Oregonians successfully block domestic partnerships, which are slated to be available on January 2? They’ve got a court hearing on December 28 to try to get an injunction.

From David Crowe:

Oral arguments have been set for Friday, December 28th at 10AM by the Multnomah County Federal Court in which a motion was filed yesterday by Alliance Defense Fund attorneys for a temporary restraining order and preliminary injunction that could prevent HB 2007 creating ‘domestic partnerships’ becoming law in Oregon January 1.

According to the filing, “The instant action is one for injunctive and other relief wherein the constitutionality of Oregon’s statutory and administrative scheme relating to petitions and/or referendums to place a statewide advisory question upon the ballot, is in issue. Plaintiffs are signers of Referendum 303 and claim that, inter alia, the statutory and administrative scheme utilized by the Defendants unconstitutionally disenfranchised them.”

Only Five Signatures are needed to qualify HB 2007 For the November Ballot

The motion goes on to say, “Though more than enough signatures were presented to sustain Referendum 303, the Oregon Secretary of State currently lists Referendum 303 as needing only five (5) signatures to qualify for the November 2008 ballot. The Plaintiffs in this matter currently number twenty-eight (28) and additional Plaintiffs will likely be added. Under Article IV, Section I of the Oregon Constituttion, the people of Oregon have the final say over whether HB 2007 shall become law. Once a referendum is certified for the ballot, the law addressed by the referendum is reverted to the status of only a bill, and is no longer a law unless and until the voters approve it at the next general election.”

Suppression of the rights of all Oregonians to Vote on this issue

“If HB 2007 is allowed to take effect on January 1, 2008, its currently scheduled effective date, substantial and irreparable harm will occur upon the Plaintiffs, and the tens of thousands of other Oregonians who also signed Referendum 303, as their collective voices which were sufficient in number would be unconstitutionally suppressed.”

Let’s not forget the “substantial and irreparable harm” happening to Oregon’s same-sex couples on a daily basis, as long as they’re denied the basic benefits that other married couples enjoy.

Comments

See, that is just it, we are not human to these people, harm to us is no worse than killing a cow for food.

First they say, We want marriage for ourselves, but you all can do what you need (domesitic partnership) and we wont care as long as you don't call it marriage. Riiiiiiiiiight. Now we see the real truth.

Maybe a counter suit is in order on similar lines.

The Oregon Family Council, to its credit (!!!) has stayed out of this—which means they stuck to their campaign pledge during M36, which was to not mess with DPs or civil unions. (Had OFC been involved, I don't think these razor-thin signature margins would have happened - it'd be on the ballot next year, no question.)

Restore America/Concerned Oregonians and Defense of Marriage and Family Again, not so much. But I don't think those groups ever pledged to butt out of DPs and/or civil unions.

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