The law scheduled to take effect January 1st would give some spousal rights to same-sex couples.
(PORTLAND, Ore.) - In a shocking move today, a federal judge issued a temporary restraining order (TRO) which postpones Oregon’s Domestic Partnership law from going into effect on January 2nd 2008 as scheduled. Basic Rights Oregon argued in their amicus brief to the court that the delay of this state law is unfair and uncalled for.
"This delay tactic results in real harm to countless Oregonians and their families, and is absolutely unnecessary."
The Alliance Defense Fund, an out-of-state conservative legal interest group, brought the case in U.S. District Court.
The plaintiffs in Lemons v. Bradbury claimed that voters who had signed referendum petitions to overturn Oregon’s new domestic partnership law, and whose signatures had been rejected by elections officials based on well-established criteria, should have those signatures restored.
In a provisional ruling in the case today, U.S. District Judge Michael W. Mosman issued a TRO to keep the laws from going into effect — at least until the next hearing on February 1st, 2008.
While the judge acknowledged the harm to couples who planned on registering on January 2nd, citing the amicus brief filed by Basic Rights Oregon, he nonetheless concluded that plaintiffs had alleged a “fundamental right” in the referendum process that would also be harmed.
The attorney for Oregon Basic Rights believes that the judge demonstrated a fundamental misunderstanding of Oregon’s initiative and referendum law.
"Basic Rights Oregon is appalled by this outrageous ruling, and we will continue to aggressively find opportunities to participate in the case as it moves forward, doing everything in our power to get caring and committed Oregon couples and their families the legal rights and protections they need."
Federal Judge Blocks Oregon’s Domestic Partnership LawSalem-News.com