The numerous celebrations planned by same-sex couples who intended to file for domestic partnerships had to be put on hold in early January, but now those couples are gearing back up after a judge’s ruling late Friday lifted a court injunction on same-sex civil unions.
U.S. District Judge Michael Mosman lifted the month-old ruling that put a hold on couples taking advantage of the 2007 law that allowed same-sex couples to file for domestic partnerships – a state-recognized union that grants couples more than 550 of the rights, responsibilities and protections which are given to married couples.
The ruling came quick, as Mosman delivered from the bench even though supporters of the law had originally expected a lengthy one- or two-week legal tug-of-war.
Karynn Fish, the spokeswoman for the gay and lesbian advocacy group Basic Rights Oregon, said the ruling speaks to a larger message.
“Oregonians know discrimination is wrong,” she said.
The state legislature passed the domestic partnership law in May, but those unhappy with the outcome organized a petition drive during the summer. In order to put the issue to a public vote, organizers needed 55,179 signatures, and exceeded that number by turning in 60,531 signatures in September.
However, more than 5,000 signatures were rejected because, among other reasons, signatures did not match voter registration cards, the signatures belonged to non-registered citizens or signatures collected in one county belonged to a registered voter in another county.
The Alliance Defense Fund, a legal group that defends “religious freedom” and “traditional family values,” took up the fight of those petitioners that felt their constitutional right of referendum was violated. The damage, they felt, was done by the secretary of state’s office that should have checked each signature that was thrown out by a computer-based random sampling method.
Mosman ruled on Friday that the plaintiff’s First Amendment rights to circulate petitions and gather signatures was not “unduly burdened.” Mosman also quoted Bush v. Gore, the 2000 case that ultimately led to George W. Bush’s first term as president, and said the state met the standard of rejecting the petition on the grounds that the “signatures match or don’t match.”
But Mosman expressed some hesitation in his ruling that could be meant as a muffled warning to the state secretary of state’s office.
“There are, I hope, many things heard today that should be troubling to the secretary of state about the signature verification process,” he said.
The ADF expressed their concern with the ruling and the precedent it could set.
“Their signatures were genuine and no legitimate reason existed to refuse to allow these registered voters to participate in the democratic process,” said ADF Senior Legal Counsel Austin R. Nimocks in a statement. “Our country is founded on the basic principle of government of the people, by the people, and for the people. It should stay that way in Oregon.”
The warning may have been issued, but it could prove to be prudent if state officials heed it. The petitioners who lost the case have said they plan on beginning another signature drive. To put the law up to the voters on the November ballot, petitioners would need to gather 75,630 valid signatures by July.
Basic Rights Oregon workers have said they are aware another petition is on the way, but are not worried the law will be overturned, citing the support of Oregonians.
“The failure of the referendum earlier this year speaks to the fact that Oregonians support laws that allow committed couples to take care of each other,” Fish said.
Local Basic Rights Oregon organizer Becky Flynn said the group plans to have volunteers at the county building on Monday, and will also offer free notary republics to validate the domestic partnership forms before they are turned in. Flynn said she expects 50 to 100 couples to show up for the first day that Oregonians can legally file for the same-sex partnerships.
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