<body><script type="text/javascript"> function setAttributeOnload(object, attribute, val) { if(window.addEventListener) { window.addEventListener('load', function(){ object[attribute] = val; }, false); } else { window.attachEvent('onload', function(){ object[attribute] = val; }); } } </script> <div id="navbar-iframe-container"></div> <script type="text/javascript" src="https://apis.google.com/js/platform.js"></script> <script type="text/javascript"> gapi.load("gapi.iframes:gapi.iframes.style.bubble", function() { if (gapi.iframes && gapi.iframes.getContext) { gapi.iframes.getContext().openChild({ url: 'https://www.blogger.com/navbar/11341962?origin\x3dhttp://grwtemp.blogspot.com', where: document.getElementById("navbar-iframe-container"), id: "navbar-iframe", messageHandlersFilter: gapi.iframes.CROSS_ORIGIN_IFRAMES_FILTER, messageHandlers: { 'blogger-ping': function() {} } }); } }); </script>

Squashed: The Hope and Dreams of Oregon Families

We've got more information on the ruling out of the Multnomah County Federal Court surrounding Oregon's new Domestic Partnership law. It's sort of a wrap up on the events of the day. Don't let the title of this post fool you, the fight is far from over. Read on for the whole story - but first! This just in! My mother emailed me as she received the email in California from Basic Rights Oregon about the ruling. This is what she had to say (and yes, this is all):

The delay of the partnership law really makes me ill - that some evil idiot sicko could get this law stopped... So not right.

Thoughts,
Mom


How can you not love my mother?!

Additional information from Just Out's Julie Sabatier who was in the courtroom today:
Judge Mosman presided over the preliminary injunction hearing today on the 16thfloor of the Federal Courthouse in downtown Portland. He made it clear at the outset that he thought the case depended heavily on whether or not the plaintiffs could demonstrate that the signing of a petition utilizes the same fundamental right as the signing of a ballot. Mosman pointed out that he had not seen any case law in the briefing materials that clearly argued this point. "I'd be tentatively inclined not to find a fundamental right where none has been found before," he said. Then, the lawyers for the plaintiffs pulled out some case law that hadn't been in the original brief. It was a ruling by the 9th Circuit Court in Idaho that they argued basically defined the signing of a referendum petition as a fundamental right. There was a brief recess to consider this new bit of information.

When the session resumed, the judge heard arguments for and against the fundamental rights issue and eventually decided that the case did, in fact, involve a fundamental right. Therefore, the plaintiffs had shown that they had a strong possibility of prevailing on the merits of their case. Judge Mosman also ruled that any denial of a fundamental right is equal to irreparable harm. Thus, he said, he was obligated to put a temporary injunction in place until Feb. 1, when he will hold a hearing on a permanent injunction, which will essentially be a hearing on the merits of the case.


And finally, we normally wouldn't post an entire email from someone, but in this case it is different. The following comes from Jeana Frazzini, Executive Director of Basic Rights Oregon:
I couldn't have been more shocked and saddened when, sitting in the courtroom today, I heard Judge Mosman announce that he was temporarily delaying the implementation of Oregon's domestic partnership law.

This decision is nothing short of an outrage. As Basic Rights Oregon argued in our amicus brief to the court, this delay tactic results in very real harm to countless Oregonians and their families, and is absolutely unnecessary.

The suit, brought by right-wing, out of state interest groups The Alliance Defense Fund and Restore America is an eleventh hour effort to keep gay and lesbian Oregonians from critical and necessary rights, and it is shameful.

The suit was brought against the State of Oregon and Secretary of State Bill Bradbury, who oversees Oregon's elections. Since BRO was not named as a party to this lawsuit, it was the State's attorney who argued the case in court. Nevertheless, we hired the top election attorney in the state to craft our "friend of the court" brief. In this brief, we explained in both legal and personal terms why it was absolutely critical that this law go into effect on January 1st.

But Judge Mosman grossly underestimated the harm that will be done to Oregon families. The law will not go into effect, at least until the next hearing which is scheduled for February 1st.

Moving forward, Basic Rights Oregon is conferring with our attorney about how we can become even more aggressively involved in the case. And we need YOU - our supporters - involved now more than ever.

But we must take action to ensure our domestic partnership law is not lost. Join BRO vigils in Ashland, Portland, Bend, Corvallis and Eugene on the evening of January 2nd - the day we should have been celebrating the beginning of domestic partnerships. Details are below.
In solidarity,

Jeana Frazzini
Executive Director, Basic Rights Oregon


TWO THINGS THAT YOU CAN DO POST RULING:

1.) Give and give big to Basic Rights Oregon who will not rest until this fight is over and we are victorious. Click here to donate to BRO now.

3.) NEVER forget that after 34 years and 17 consecutive legislative sessions of trying, Oregon passed and signed into law a comprehensive Anti-Discrimination law that will still go into effect on January 1, 2008.


- Bryan Boyd

Labels: , , , ,

« Home | Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »
| Previous | Next »

By Blogger LeLo, at 12/28/07, 11:56 PM

So disturbing, and so upsetting. Like a kick in the stomach. That's what I wrote about at my blog.

You can also come to BRO's candlelight vigil, and stand with your community and those who support you, on Wednesday, January 2nd, 5:30-7pm at Q Center, 69 SE Taylor at Water.    



By Blogger A Lewis, at 12/29/07, 4:52 PM

I'm trying, Lelo...really am. To be happy about the anti-discrimination thing. To keep a positive attitude. To know that losing the battle doesn't mean losing the war. All of that. Hope to say hi to you at the Q Center.    



By Blogger Oregonian37, at 12/29/07, 5:29 PM

My gf and I will definitely be there on the 2nd.

I was disheartened; now I'm just angry and not going to let haters defeat me.

Thumbs up to your kick-ass mom!:)    



» Post a Comment