Oregon Court of Appeals rejects challenge to marriage ballot initiative

The Court has issued its ruling in Martinez v. Kulongoski, No. A130818 (Or. App. May 21, 2008). It begins:

Plaintiffs brought this action for declaratory relief against the Governor and the State of Oregon (the state), seeking a declaration that 2004 Ballot Measure 36, a voter-initiated measure, which prohibited recognition of same-sex marriages, did not comply with the provisions of Article XVII, sections 1 and 2, of the Oregon Constitution. On cross-motions for summary judgment, the trial court entered judgment in favor of defendants. Plaintiffs appeal, raising two overarching issues: (1) Did Measure 36 embody a “revision” to the constitution that could not originate from a voter initiative? (2) Alternatively, is Measure 36 invalid because it effected multiple amendments to the Oregon Constitution that are not “closely related”? As did the trial court, we answer both of those questions in the negative. Accordingly, we affirm . . .

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