Just wanted to give an update on the progress of the Martinez v. State of Oregon case. You might remember that a Marion County Court ruled that Measure 36 was constitutional as written - hence the appeal. The appeal was just recently filed December 21, 2005. Sorry about the delay in reporting this.

Briefing should begin in the next couple of months for all parties in the case which includes Basic Rights Oregon, the state and the anti-gay, self-proclaimed "Defense of Marriage Coalition" that placed the measure on the ballot. Arguments before the court will likely occur sometime mid-summer. The court could take several months to more than a year to rule.

Despite the lower court decision which upheld the measure, BRO remains optimistic about the possibility of overturning the measure.

"Basic Rights Oregon believes that Judge Guimond's thoughtful opinion, even though it did not contain the result we had hoped for, strongly positions our case for success in the Oregon Court of Appeals," said Basic Rights Oregon Communications Director Rebekah Kassell. "We believe in the strength of our arguments and that, ultimately, the Oregon Court of Appeals will uphold the fundamental principles of justice and equality under the law that our Constitution and State was founded on."

From what I can ascertain from the opinion, this optimism is not entirely unfounded. Judge Guimond's decision was to the point, but not hostile. In fact, he seemed almost apologetic for the final ruling, noting that he was bound by earlier court of appeals and supreme court rulings--decisions that BRO will ask the court to reconsider and that the court could overturn, paving the way for a plaintiff victory in this case.

The case undoubtedly will be appealed all the way to the Oregon Supreme Court - no matter who wins this next round.

-Bryan Harding

Resources on this case:
Measure 36 Unconstitutional?
Measure 36: More on Today's Ruling

This entry was posted on Wednesday, January 04, 2006 at 3:51 PM. Want to discuss? Leave a comment below.