Vote "No" on Measure 36:  Marriage Amendment a Terrible Idea

The opponents of same-sex marriage want Oregon voters to think that Constitutional Amendment 36 is simple. It's not.  Measure 36 will hurt real people in real ways and it will undermine some of the most basic protections for everyone in the Oregon Bill of Rights.

Amendment 36 would put the following language in our state constitution.  "It is the policy of Oregon, and its political subdivisions, that only a marriage between one man and one woman shall be valid or legally recognized as a marriage."

Because Measure 36 is a constitutional amendment, rather than a statute, it is intended to override the Oregon Bill of Rights protection that guarantees all Oregonians equal treatment under the law.

Article I, section 20 of the Constitution currently provides:

"No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens."

In the lawsuit we filed this past March in Multnomah Co. challenging the constitutionality of denying same-sex couples the right to marry in Oregon, we have argued that Article I, section 20 requires equal treatment for lesbian and gay couples. 

The whole point of Constitutional Amendment 36 is to prevent the Oregon Supreme Court from deciding whether this section of the Constitution allows the state to deny the rights, privileges and responsibilities of marriage to same-sex couples.

This is not a theoretical question for the thousands of committed same-sex couples living in Oregon.  Hundreds of Oregon laws automatically provide benefits and responsibilities to married couples that in many cases are available in no other way.

Among those benefits are:

• The ability to make life-saving medical decisions in emergency situations;
• The right to visit a partner in the hospital;
• The right to file a wrongful death lawsuit if partner dies through the negligence of another person;
• The right of a surviving partner to continue living in the family home;
• The right to receive loss of support payments from crime victim's compensation fund if partner killed in a crime.

There are literally dozens of such examples.  With some, it is currently possible for same-sex couples to protect each other with complex legal documents÷but even when drafted and executed properly, many such provisions don't help when they are needed most.

Some opponents of same-sex marriage have argued that recognition of civil unions would be adequate to protect the rights of same-sex couples. But Amendment 36 would not provide for civil unions.  Instead, it would write discrimination against same-sex couples into the Oregon Constitution.

Anyone familiar with the politics of the Oregon Legislature knows that it is extremely unlikely that the Oregon House would approve a civil union law under its current conservative leadership.  Even if such a law could pass both houses, civil unions could not provide full equality under the law for same-sex couples.

When a married couple moves from one state to another, they are still married.  Only one state in the country, Vermont, currently recognizes civil unions.  In addition, civil unions canât provide the intangible societal benefits of marriage.  When couples are allowed to marry, they are expressing to family, friends and the community their love and commitment to each other.  Constitutional Amendment 36 would remove the ability of Oregon gay and lesbian couples to obtain these benefits.

Some voters that have opposed anti-gay ballot measures in the past think Amendment 36 is different.  But the proponents of Constitutional Amendment 36 have been making anti-gay statements reminiscent of the Measures 9 & 13 campaigns.  In a recent fundraising letter they urged support of this constitutional amendment because without it: "Public schools will be forced to teach that gay marriage is equal to traditional marriage·. Sex-education classes will be required to teach homosexuality as a legitimate option·[and] more children will be denied a traditional family." Sounds a lot like the arguments used unsuccessfully by Lon Mabon and the Oregon Citizen's Alliance. 

The ACLU, along with Basic Rights Oregon and a broad coalition of community, religious, business leaders, labor unions, are leading the fight to defeat Constitutional Amendment 36.  The ACLU of Oregon has been at the forefront for more than twenty years to prevent discrimination based on sexual orientation in Oregon.  We have committed substantial resources to protect the Bill of Rights for all Oregonians. 

If you want more information about how you can help, see the Q and A and contact the No on Constitutional Amendment 36 campaign at www.noon36.com