Oregon Enacts
Domestic PartnershipLaw
The Voice
By Stephen Harris
March 2008Homosexuals in Oregon now have the right to
enter into contractual relationships similar to
heterosexual marriages. House Bill 2007, which grants
homosexuals the right to enter in to domestic
partnerships, was recently enacted into law.
However, domestic partnerships will only be recognized
at the state level, according to Lee Badgett, re-search
director at the Williams Institute, a think tank focused
on sexual orientation policy and associated with the UCLA
School of Law. Among other things, the law grants
inheritance rights, state tax benefits and the authority
to make decisions for an incapacitated partner, according
to Ms. Badgett.
In all, the law grants about 500 rights and
responsibilities associated with marriage, according to
Caryann Fish, communications director for Basic Rights
Oregon, the state’s largest homosexual advocacy group.
Ms. Fish said, “As a culture, if we’re worried about
the breakdown of community and family, [when] we see
people who are trying to make a real commitment to one
another, the last thing we should be doing is getting in
their way.”
Ms. Fish said the public response to HB 2007 has been
“incredibly positive and supportive,” noting that her
organization received many volunteers to help couples
register for domestic partnerships.
The Williams Institute reported that over the next
three years about half of the state’s homosexual community
– approximately 4,500 people – will register for domestic
partnerships.
By enacting HB 2007, Oregon joins 10 other states in
providing pro-visions for homosexuals to enter into
contractual relationships, but Ms. Badgett said the
enactment will make no difference to states without such
laws. “Most other states won’t even know that Oregon has
done this,” she said.
Although homosexual advocates hail the passing of HB
2007 as a hard-won victory for equal rights, critics
allege the legislation was improperly enacted.
Former Sen. Marylin Shannon, R-Ore., wrote that the
passing of HB 2007 created “social upheaval.” In a
commentary in The Oregonian (Feb. 10), she wrote that HB
2007 goes against the will of Oregonians, who are largely
conservative. Mutnomah and Lane counties are
exceptions, she said.
The Alliance Defense Fund, a group that provides legal
defense for religious organizations, has sued Oregon’s
Secretary of State, Bill Bradbury, and several county
clerks for illegally excluding signatures from a
referendum to put the repeal of HB 2007 on the ballot
(Lemons v. Bradbury).
The initiative, Referendum 303, was designed to allow
Oregonians to vote on a repeal of the domestic part-nership
law, HB 2007, which was passed in May 2007.
Fifty-five thousand, one hundred seventy-nine
signatures were required to put the referendum on the 2008
ballot, and approximately 62,000 signatures were submitted
(on Sept. 26, 2007), according to the Defense Fund’s
lawsuit. However, only 55,174 signatures were counted,
leaving the referendum five signatures short.
The lawsuit states that Oregon law mandates that the
states inform citi-zens of when their signatures need
verification, but that 254 people were not informed that
their signatures were excluded.
On Dec. 28, 2007, U.S. District Judge Michael Mossman
stayed the domestic partnerships bill from taking effect
while the Defense Fund’s law-suit went forward. However,
on Feb. 1, 2008, Judge Mossman decided to allow the law to
take effect.
The Alliance Defense Fund is appealing the decision to
the Ninth Circuit Court.
David Crowe, founder and director of Restore America,
said the politicians who voted for HB 2007 “virtu-ally
circumvented the will of the people.”
Restore America, which encourages Christians to
register and vote, has been a key opponent of
pro-homosexual laws.
“About 50 people thumbed their noses as the Oregon
people. That’s what’s called tyranny,” Mr. Crowe said.
In her commentary, Mrs. Shannon wrote that HB 2007
violates the spirit of Measure 36, an amendment to
Oregon’s constitution that defines marriage as between one
man and one woman.
Trent Brown, a homosexual man with a partner of two
years, said he respects the conventional understanding of
marriage. “I understand that marriage is traditionally
between a man and a woman,” he said.
He said that what is more important is that same-sex
unions are accorded equal rights and responsibilities as
heterosexual marriages. “As long as the same benefits are
available, then that is OK with me,” he said.
Austin Nimocks, senior legal council of the Alliance
Defamation Fund, said, “Whether or not you get to file a
tax return with the government is really beside the point
of what we think is important with regard to marriage, and
that has to do with the optimal environment for raising
children.”
However, Gerry Breshears, chair of biblical and
theological studies at Western Seminary, said that he disagrees
with opposing HB 2007 with a ballot measure.
“That puts us in a negative position, and it will only
provide fodder for the media to point out the fundamentalist,
negative spirit of Christians. If I go down and picket my
neighbor, that’s not loving him,” he said.
Dr Breshears said Christians should instead “expose
evil for what it is,” and provide positive examples of
godly lifestyles and marriages.
Many advocates of traditional morality are in favor of
opposing pro-homosexual laws, such as HB 2007, through
ballot initiatives, according to Mrs. Shannon.
“I’m confident that they will stand up for traditional
values,” she said of an informal coalition that last year
fought to repeal Senate Bill 2, a controversial
anti-discrimination law that is focused on creating
greater job access for homosexuals.
Mrs. Shannon said she and members of last year’s
informal coalition are in the initial stages of creating
two ballot initiatives to repeal SB 2 and HB 2007.
“This time the rules have changed,” she said. People
can download (and then sign) the petitions from the
Secretary of State’s Web site, which should expedite the
signature-gathering process.
The deadline for submitting signatures is July 3. She
said, “I strongly believe that the will of the people
should be honored.”
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