Kevin And Don Respond To Being Self Loathing

Looking back at their journey from the Stonewall Democratic Club to Log Cabin Republicans, they claim it was one that was actually started by the democrats. After being told that marriage as not a priority on the agenda in 1995, they became disillusioned with the DEMS. For a decade they felt like they did not belong until they met the republicans of the Log Cabin Republican Club and discovered they too shared a dream of marriage equality. This blog is now a digital time capsule of their time as Republicans and moderated by a friend and supporter.

Thursday, May 29, 2008

I just have to live in hope because we already have our wedding rings

From: XXX]
Sent: Thu 5/29/2008 2:23 PM
To: XXX.
Subject: RE: CA Marriage Ruling


Again, thank you. 

I think these things have to be fleshed out and I enjoy the challenge.
I have looked at it and it, in my opinion, is an argument in favor of my position as follows:
On May 21, 2008, the Oregon Court of Appeals found that Measure 36 (prohibiting recognition of same-sex marriages) was not a "revision" to the Oregon Constitution and, thus, was valid. However, unlike California , Oregon has not found a fundamental right to marry based on a right of privacy. Indeed, the Oregon Court of Appeals noted: "In short, there was no antecedent omnibus common-law right to marry. Consequently, plaintiffs have not established that the enactment of Measure 36 deprives anyone of a remedy protected by Article I, section 10--and, by extension, Measure 36 does not amend Article I, section 10." This language clearly distinguishes the Oregon ruling from California and, thus, lends credence to the claim that the proposed ballot initiative in California is, in fact, a revision to the state Constitution.

"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?...

"We turn first to plaintiffs' argument that Measure 36 embodies a revision to the Oregon Constitution rather than an amendment. That distinction is critical because, although an "amendment" to the constitution may be initiated by the voters, a "revision of all or part of" the constitution can be considered by the voters only by referendum after approval of at least two-thirds of the members of each house of the legislature....

"Indeed, plaintiffs' arguments here, while more refined, are strikingly similar to the plaintiffs' contentions in Lowe referring to "profound impacts on existing fundamental rights and radical restructuring of the government's relationship with a defined group of citizens." Lowe, 130 Or App at 11. Accordingly, we adhere to Lowe and, given that adherence, conclude that Measure 36 was not a constitutional revision...."
I just have to live in hope because we already have our wedding rings.
kev