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Oregon: Not out of the anti-gay woods yet

Tuesday, June 17, 2008

And let me tell you, the anti-gay woods are a very dark and scary place.

So we've all heard now that Oregon's Tennessee's Arizona's... Let's try this again. Ech hem.

So we've all heard that out-of-state (though parading around as Oregonians) anti-gay groups have called it quits on attempts to repeal Oregon's Domestic Partnership and Anti-Discrimination laws. Obviously great news as no one was looking forward to another six million dollar ballot measure campaign, the bad news great news is that they're bringing it back for a 2010 ballot initiative. And to be clear, I would never welcome a ballot measure campaign, but given that repeated polling indicates that the majority of Oregonian's honestly don't give a shit about committed gay and lesbian couples getting domestic partnered and also indicates that Oregon's overwhelmingly support Oregon's anti-discrimination law, bring it on.

Because if Oregonian's care little about repealing our Domestic Partnership law now, in 2010 these out-of-state religious zealots will be viewed as an even more hostile threat to our society than even now. So bring it.

The Actual Bad News
The one thing that could come to bite us in the ass very soon is the Lemons v. Bradbury case. Pro-equality Oregonians won the first battle, but the Arizona based 'Alliance Defense Fund' has appealed and it will now be heard by a three judge panel of the U.S. 9th Circuit Court of Appeals. Oral arguments will be heard in Portland on the morning of Tuesday, July 8. It's simply just another round in the legal battle, though if lost, could have serious consequences by putting at least of of these laws on the ballot in November 2008.

Lemons v. Bradbury was brought on by the 'Alliance Defense Fund' late last year after attempts to put the DP and AD laws on the ballot. They failed at collecting enough signatures after making their way through the verification process. For more on Lemons v. Bradbury visit Basic Rights Oregon's site here.

That's all for now folks.

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9th Circuit grants motion to expedited schedule for Lemons v Bradbury

Thursday, May 01, 2008

On April 29, the federal 9th Circuit Court of Appeals granted plaintiffs' motion for expedited review in Lemons v. Bradbury, the lawsuit filed by out-of-state groups seeking to revive last year's failed referendum against Oregon's domestic partnership law by forcing elections officials to change the way they treat signatures on voter petitions. The original review schedule set by the Court likely would have resulted in a decision sometime next year, but Friday's order means the case could be decided as early as July.

Basic Rights Oregon has more information including updated Lemons v Bradbury timeline, court docs etc. That's here.

Related posts from Gay Rights Watch:

  • BREAKING: Basic Rights Oregon Files Motion to Intervene
  • Judge Mosman Grants BRO's Motion to Intervene in Lemons v Bradbury
  • Right Now In Oregon Federal Court Your Future is Being Decided
  • I'm Sorry. This is Bullshit, I Need to Vent.
  • OREGON WINS: DOMESTIC PARTNERSHIPS GO INTO EFFECT
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  • BREAKING: Oregon Anti-Gays Admit Possible Failure

    Sunday, April 27, 2008

    After failing on their first attempt to overturn Oregon's Anti-Discrimination and Domestic Partnership laws, Oregon's anti-gays (who actually live in Tennessee) have admitted possible failure. More importantly they are claiming a possible failure on IP 146 which is Oregon's Domestic Partnership law. This means that Oregon's Anti-Discrimination law would be the only one on the ballot come November if they can muster up the signatures for it.

    I have to question their logic. Have they not done polling? Quite obviously they haven't - as multiple polls indicate a record number of Oregonians support this anti-discrimination law.

    For more background on the whole debacle, see our post from yesterday (here & here). I highly recommend reading it as it explains all the background details.

    In an email to supporters, David Crowe from "Restore America" said the following:

    Initiative 144 is legally flawed and apparently beyond use. Now corrected, it has been refiled by Marylin Shannon, as Initiative 146.

    The process described above is underway on 146, and it may well be too late to get to the people for signature and then to the Elections Division by the deadline, which is July 3rd.

    The likelihood is that we will have just enough time to get enough signatures for 145 on the ballot, but not 146.


    Again, they need about 83,000 signatures to qualify - meaning they need to shoot for well over 100,000 to actually make it unless they have an incredibly clean list without many mistakes.

    If they do make it even just an attempt to repeal the anti-discrimination law then I predict a very nasty campaign from their side, the likes of which we haven't seen since the days of Lon Mabon. At the same time I do wonder how they will finance their anti-gay crusade. It could easily cost millions if history is correct. Back in 2004 Basic Rights Oregon spent roughly 3 million dollars to fight Measure 36 and the opposition group is struggling to even get $25,000 and they are almost 7k in the hole.

    Oy vey. Enjoy the rest of your Sunday folks.

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    Oregon Anti-Gays Doomed For Failure

    Friday, April 25, 2008

    Could it be? Shall we plan celebration parties already? Well not quite yet - but on the heels of Basic Rights Oregon appealing (to the Oregon Supreme Court) the language of two initiatives (IP 144 & IP 145) that would aim to repeal Oregon's newly enacted Domestic Partnership and Anti-Discrimination laws, and the possibility of the same thing happening to the third filed by anti-gays... they may be up shit creek.

    Yesterday we talked about the group "Concerned Oregonians" who actually happens to be led by David Crowe who now resides in Tennessee. Make of that what you will. In any case - their desperate pleas for tens of thousands of dollars, even if answered, would still leave their anti-gay crusade in limbo. And funny enough currently it looks as though they are in debt.

    Giving credit where credit is due.
    Basic Rights Oregon has proven once again that it will relentlessly fight these initiative attempts to strip families of their basic rights as citizens of this state. Thanks BRO! (ech hem - donate here)

    Credit should also be given to everyday Oregonians. Oregonian's don't see this as a Measure 36 - and rightly so. They see this simply for what it is, workplace protections against blatant discrimination and as I said above, the ability to legally provide and care for your family.

    No victory dance yet folks.
    Again, lets not get our hope up too high. But come July when anti-gay forces must turn in over 83,000 valid signatures to qualify and they can't do it - I'll be the first cracking open that bottle of bubbly.

    Counting down the days.
    Just think, each and every day that this bigoted attempt to strip Oregon families and individuals of their basic human rights is delayed, that's just another day these folks cannot gather signatures.

    Related:
    Appeal to Oregon Supreme Court Sparks Delay in Anti-Gay Plans

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    Appeal to Oregon Supreme Court Sparks Delay in Anti-Gay Plans

    Thursday, April 24, 2008

    Basic Rights Oregon delivered today. They're taking the fight to the Oregon Supreme Court. Just Out is reporting that BRO may in fact be holding up the anti-gay initiatives by appealing to the OSC.

    Via JustOut:

    Basic Rights Oregon's legal representation - Margaret Olney, of Smith, Diamond and Olney, representing BRO's Jeana Frazzini and Frank Dixon - have just filed appeals to the state Supreme Court regarding Attorney General Hardy Myers' certified ballot titles for Initiatives 144 and 145, initiatives designed to repeal the Oregon Family Fairness Act and the Oregon Equality Act, respectively, according to documents obtained from the Secretary of State Elections Divisions Office.

    According to state Elections Division compliance specialist Summer Davis, the Supreme Court could take "up to several months" to deliver an opinion on the appeals," depending on what other items "are on the Court's plate," though state law charges the Court to address the appeals "in an expeditious manner," although, she added: "Expeditious is not defined."

    This could prove to be a major setback for Concerned Oregonians, the umbrella group organizing behind the repeal initiatives. In a recent email to supporters, the organization had said it was anticipating having petitions "printed and delivered to distribution sites hopefully by April 26th," though the current Supreme Court appeals could set their efforts back at least several weeks' time, if not longer - as petitions cannot be circulated until the Supreme Court's final judgment is delivered. Locations of potential petition distribution sites and self-described "collection goals" are posted on the Concerned Oregonians website.

    Davis also said the Court was not required to take into consideration in its decision the final deadline by which the initiatives' sponsors were required to turn in their signatures: the deadline (82,769 valid signatures are required) is 5 pm on Thursday, July 3. “They’re under no obligation to issue their opinion or final judgment based on when signatures are due," Davis said.


    And in other news Amy Ruiz at the PDX Mercury had this to say on the anti-gay group "Concerned Oregonians" lack of funding. It sure seems like they have bigger concerns than just stripping away the rights of families. They have no money. I have to question how far they will get if they were to get on the ballot. It's going to be a multi-million dollar campaign and they are begging and pleading for a mere $50k?

    The campaign to repeal Oregon's new domestic partnership and anti-discrimination laws is in bigger trouble than I thought. For starters, though the groups involved only have until early July to gather up tens of thousands of signatures on each of the two initiatives, they haven't been cleared to start collecting signatures yet. Clock's ticking, as they say.

    [...]

    Yep, the sky is falling in Concerned Oregon. It takes a lot of cash to fund a statewide signature gathering campaign, and they've only collected $4,385.00. The Concerned Oregonians PAC-which, according to their filing, exists to oppose the land use Measure 49-has $517.06 in the bank as of this writing, but enough outstanding accounts payable to put them in the hole by $6,191.70.

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    Oregon Anti-Gay's RE-FILE Domestic Partnership Repeal

    Tuesday, April 01, 2008

    Racist and homophobic Oregon State Senator Gary George and Sal Esquivel made a stupid mistake when filing IP 144 to repeal Oregon's Domestic Partnership law - the language in the initiative petition read "civil unions". Not surprisingly it took them this long to figure out the problem. They just re-filed, making it IP 146.

    Based on IP 144, Basic Rights Oregon and the ACLU filed comments with the state to throw out IP 144 due to the fact that it was, well - without fact.

    So here we go. Oregon's most extreme are officially going after a repeal of something as basic as Oregon's Domestic Partnership law. Maybe they should follow in the footsteps of some other evangelical organizations in the news recently who are going after issues that people actually feel a moral obligation to combat. See Evangelical Group Seeks To Move Away From Anti-Gay Focus.

    More to come.

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    ACLU Asks State of Oregon to Reject Repeal of Oregon Domestic Partnership Law

    Sunday, March 30, 2008

    The American Civil Liberties Union has asked the State of Oregon to reject the draft ballot initiative (IP 145) to repeal the Oregon Equality Act - an anti-discrimination law for sexual minorities - based on the initiative's "unconstitutionality and incomprehensibility," according to initiaitive comments filed this week with the Oregon Secretary of State.

    Additional letters of comment came both from the ACLU and Basic Rights Oregon, addressing a range of concerns regarding the initiative's language, the contentious draft ballot title, and the very comprehensibility of the initiative.

    According to the Secretary of State Elections office, any letters seeking dismissal of a proposed ballot initiative are passed onto Oregon Attorney General Hardy Myers, who ultimately decides on the certification fate of ballot initiatives.

    The response from Myers - including a certified ballot title, if so approved - is expected April 8 for IP 144, and April 9 for IP 145.

    Via Just Out.

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    Washington Governor to Sign Domestic Partnership Bill Tomorrow

    Tuesday, March 11, 2008

    Tomorrow (Wednesday) at 2pm, Washington State Governor Chris Gregoire will sign the Domestic Partnership expansion bill.

    Way to go Washington! Another step toward full equality.

    Related posts:

  • Washington House Passes Domestic Partnership Expansion Bill
  • Washington Senate Passes Domestic Partnership Expansion Bill

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  • These Four People Hate You and Your Neighbors

    Tuesday, March 04, 2008

    And sadly they are letting all of Oregon down by attempting to crush the Oregon dream for the minority. These four desperate Oregon Republican lawmakers are trying to repeal Oregon's Domestic Partnership and Anti-Discrimination laws.

    Here are their pretty little faces.

    Signed on to attempt to repeal Oregon's Anti-Discrimination law:

    Oregon Senator Gary George
    Oregon Senator Gary George

    Oregon State Representative Kim Thatcher
    Oregon Representative Kim Thatcher

    Signed on to repeal Oregon's Domestic Partnership law:

    Oregon State Senator Sal Esquivel
    Oregon State Senator Sal Esquivel

    Oregon State Senator Fred Girod
    Oregon Senator Fred Girod

    Oregon's already decrepit Republican Party who owes over $265,000 in debts including the IRS for back taxes - stoops to another low. With their sad IRS news hitting newspapers within recent weeks - maybe they saw this as a good time to shift the focus on the gays again. Those damn gays.

    More details coming soon.

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    Washington Senate Passes Domestic Partnership Expansion Bill

    washington state domestic partnerAfter already passing the Washington State House 62-32 back in February, the Senate today voted to 29-20 to pass a bill that would add roughly 160 rights, responsibilities and protection to same-sex couples and their families.

    Washington's existing Domestic Partnership bill currently consists of about a dozen rights and responsibilities.

    Washington Governor Chris Gregoire signed the previous Domestic Partnership bill (2007) in addition to an Anti-Discrimination bill back in 2006. She has consistently supported pro-equality legislation and has already indicated her support for this legislation - meaning it should be signed very soon.

    Congrats Washington!

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    More Inequities in Oregon's Domestic Partnership Law

    Friday, February 22, 2008

    Hey gays! Have you ever wanted to be two people at the same time? Well now you can!

    It looks as though gay and lesbian couples who register as Domestic Partners in Oregon are running into expensive roadblocks when it comes to establishing their own identity - and no not their sexual identity - their actual names.

    Under Oregon's Domestic Partnership law you are able to take you partner's name, or as many do, hyphenate your last names. Sounds great right? Well sure, you no longer have to pay to legally change your name in Oregon. The complication comes at the federal level. Try telling the Social Security Administration that you have changed your name. 'You are who? No you aren't.", they will say to you.

    So this is what happens. Your name is legally changed at the state level but in no way shape or form is that recognized by federal agencies like the Social Security Admin. So you basically have two names. Could get quite confusing in hundreds of situations even with passports.

    The only way around this is to pay a $200 fee to the feds. So now a family has to pay hundreds just for what should be a no brainer.

    As one couple told us:

    We went ahead and petitioned the court to allow us to change our names legally because we found out that the Social Security office would not honor our DP certificate as a legal name change doc. So we had to pay $200.00 for something that we would have received automatically if we were a man/woman couple.


    Just another example of an inequity in Oregon's Domestic Partnership law. Something that a straight couple who gets married never even has to think about.

    Related Post:
    OR Domestic Partnership Law Already Bleeding Inequities

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    OR Domestic Partnership Law Already Bleeding Inequities

    Wednesday, February 20, 2008

    This sort of makes you wonder what other situations a couple may run into in times of crisis. Take a medical emergency. Should we all be prepared with our Declaration of Domestic Partnership Forms to bring to the hospital if something terrible was to happen to our domestically partnered other half?

    Imagine a straight married couple having to bring their marriage license to the hospital just for their husband or wife to prove that they are actually just that - their husband of wife.

    Picture it... "Oh what? My husband was shot? OK I will be a little late to the hospital, I need to run home to get my marriage certificate."

    When Sally Sparks and her partner, Heather Dugas, registered as domestic partners at the Multnomah County Building the day the new state law took effect on February 4, Sparks was overdue with their second child.

    "It was a good feeling that [the law] went through and we were going to walk into the hospital as domestic partners," Sparks says.

    When their son was born on February 10, Sparks and Dugas made sure to bring their certificate of domestic partnership to the hospital, just in case.

    [..]

    The law took effect in time for their son's birth, but the women still ran into red tape. Instead of noting Dugas' name on the birth certificate forms -- which had not changed to reflect the new law, and only had spaces for a mother and father -- a clerk at Providence St. Vincent Family Maternity Center handed her a separate form. Marked "For informational purposes only. This is not a legal document," the form has spaces for info on the child, mother, and partner. According to a note from the hospital clerk to Sparks, the form is "supplied to the state to be kept with your son's birth certificate."


    Read about the whole debacle over at the Portland Mercury.

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    Washington House Passes Domestic Partnership Expansion Bill

    Friday, February 15, 2008

    Washington State's Domestic Partnership expansion bill passes House 62-32.

    Moments ago the Washington House of Representatives passed the 2008 Domestic Partnership Bill. This is a tremendous step forward in our work to protect LGBT families while we continue the fight to secure full marriage equality in Washington State.

    The bill now moves to the Senate where we are confident that with continued hard work we can pass the bill. The governor a longtime supporter of civil rights for all Washingtonians has already indicated her support for this legislation. Still, we will take nothing for granted.

    At stake is more than the 160 rights and responsibilities that the over 3,400 couples who have registered since July 23rd will receive when the bill becomes law. This bill is creating important media and lobbying opportunities to help elected leaders and the public understand the problems facing LGBT individuals & families.


    via Equal Rights Washington

    Related Posts:
  • Washington State Senate Passes Domestic Partnerships Bill
  • Washington Governor Signs Domestic Partnership Bill
  • Washington Domestic Partnership Law Effective Monday
  • Washington's Domestic Partnership Law in Effect

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  • A Recap of A Day in Oregon's Civil Rights History

    Monday, February 04, 2008

    At last count at 4pm this afternoon, Multnomah County had registered 126 same-sex couples as Domestic Partners. We assume that number went up as the day ended.

    Obviously this does not include the other 35 counties in Oregon. For some reason I thought that there would be a lot more couples in line today, though then again there isn't a huge rush as there was in Multnomah County back in 2004 during the stint with marriages. It seems that couples may not view it this time around as "we better do it today as it may not be here tomorrow", and they shouldn't view it as that. We're good here in Oregon, at least for the time being.

    It's pretty amazing to think back to the 2005 legislative session where our bill passed the Senate only to be killed in the House by former Republican Speaker Karen Minnis. I remember those rallies on the steps of the capitol, the hearings and the floor sessions as if they were yesterday. A very short video from my digital camera from way back when is below.



    Then came 2006 when Oregon's GLBT community, led by Basic Rights Oregon, was determined to change the make up of the legislature into one that was fair-minded. I remember election night (at least the early part of the night) when a blue wave swept over Oregon. It was an incredible victory. There was no doubt that it would be an uphill battle even in the Democrat controlled legislature, but we knew that victory was ours for the taking.

    Snap forward to May 9th, the day that the Governor signed into law two landmark bills. Oregon's Anti-Discrimination law that went into effect on January 1st, 2007 and Oregon's Domestic Partnership law - that although delayed for a little over a month - is the law of the land as of today.

    Here is video from the historic signing:





    What a fantastic day to be an Oregonian.

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    Hundreds of Couples Line Up Around Oregon

    oregon domestic partnershipThis morning marked the first day that Oregon's Domestic Partnership law was officially back on the books after Friday's ruling in an Oregon federal court.

    Hundreds of couples lined up at county offices across the state to officially get registered as Domestic Partners (congrats to all of you!). In Portland, some arrived at the Multnomah County Building near the east end of the Hawthorne Bridge as early as 4 a.m. to get in line for the building's 8 a.m. opening.

    We'll bring you more pictures throughout the day.

    portland oregon domestic partnership

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    Video: Oregon's Domestic Partnership Ruling

    Saturday, February 02, 2008

    I could not be more proud of my former coworker Jeana Frazzini (see video below) who has just in the last month filled the shoes of BRO's Executive Director. Hats off to her for an amazing job well done as well as to the staff at Basic Rights Oregon. And congrats to all our Oregonians! Fairness, justice and equality have had a bumpy ride - but Domestic Partnerships are the law!



    The case, though won, will be appealed by the anti-gay, out-of-state groups. Be confident though as this ruling was incredibly strong - stating that the plaintiffs arguments had no constitutional basis.

    Join Basic Rights Oregon in Portland Monday evening at Holocene for a major celebration at 6-11pm. Holocene is at 1001 SE Morrison, just up the road from the Multnomah County Building.

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    Oregon's Domestic Partnership Law - Effective Monday (More Details)

    Friday, February 01, 2008

    In an unexpected ruling from the bench today at about 4:20pm, Judge Mosman through out the case by out-of-state, anti-gay forces, allowing Oregon's Domestic Partnership law to go into effect immediately.

    The ruling prompted applause and cheering in front of the courthouse and was greeted by honking cars passing by on SW 3rd Ave downtown.

    Here are the details of what happened in the courtroom (via Just Out):

    Only two witnesses, handwriting experts, were called today to be cross examined (all witnesses submitted their testimony by deposition). Heather Carlson, a forensics expert who trains clerks in the elections office, made a very weak case for the standard by which clerks use in determining the genuineness of signatures. Mosman later chastised the Secretary of State on that count.
    Throughout the hearing, the plaintiffs, the Alliance Defense Fund, attempted to argue that signers of petition 303, which attempted to refer Oregon's domestic partnership law to voters, were constitutionally entitled to have their signatures counted, just as participants are in the vote-by-mail process.

    The Secretary of State's attorney and Basic Rights Oregon's attorney argued that these signatures were not at all protected by the strict scrutiny of voters on ballots and that the petition process is actually at the whim of the petition controller, who is by no means a state official.

    Although Mosman's ruling from the bench was swift, it was thorough. He engaged with attorneys throughout their closing arguments, asking both sides tough questions and citing a range of precedent that only the attorneys were following.
    Mosman's ruling, which he said would be available this evening by clicking here, basically stated that the state never promised petition signers that their "votes" would be counted, therefore, they were not entitled to due process (he acknowledged this was a cruel thing to say) such as having their signatures rehabilitated.

    Mosman agreed that calling every "disenfranchised" signer, which statistically represented 20 other signers, would place an unrealistic burden on the Secretary of State's office, which has 30 days to verify the signatures. He further said it was impractical to let one person speak for 20.

    Alliance Defense Fund attorney Austin Nimocks told the media after the hearing that this was a sad day for Oregonians who sign petitions with the belief that our voices will be heard. He confirmed everyone's guess that an appeal will be filed. He would not extrapolate.

    Marylin Shannon, a spokeswoman for the ad hoc committee of petition gatherers, also confirmed that she was ready to call on her resources for a reversal of this ruling.

    Jeana Frazzini spoke for Basic Rights Oregon, saying that although she was surprised that Mosman ruled today, the outcome was expected. "I expected to win on the merits of this case," she said.


    In any case, same-sex couples here in Oregon now have Domestic Partnerships. Though it is the law right this second, county buildings will not be open until 9am on Monday morning.

    We'll be down at the county building snapping some photos at the Multnomah County building here in Portland and we will bring you those photos of this amazing, long awaited day.

    What a long, long journey this has been.

    IMPORTANT DETAILS IF YOU ARE PLANNING ON GETTING DOMESTIC PARTNERED:
    Oregon has already made the Declaration of Domestic Partnership form available (they sure wasted no time getting this up!). you can download them here: http://www.oregon.gov/DHS/ph/chs/order/dp.shtml. IMPORTANT: This MUST be printed on legal size paper for them to accept it.

    For additional details - please visit Basic Rights Oregon's Domestic Partnership Resource Guide located here.

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    Oregon's Domestic Partnership Law - Effective Monday

    The judge ruled against the anti-gay. out-of-state bigots on ALL COUNTS.

    Come 9AM on Monday morning same-sex couples can get a Domestic Partnership.

    More to come.

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    OREGON WINS: DOMESTIC PARTNERSHIPS GO INTO EFFECT

    I just got a text message from a very reliable source saying that the judge in Lemons v Bradbury has ruled in our favor - meaning Oregon's Domestic Partnership law goes into effect.

    There may be an appeal - BUT the injunction has been lifted!

    More to come and I hope I'm not juming the gun. The text message said "We Won".

    AMAZING. Oregon, welcome your domestic partnerships.

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    Video: Wednesday's Rally for Equality in Portland



    Thanks Portland Mercury!

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