Oregon's marriage protection amendment has been upheld by a state appeals court there.
Measure 36, the amendment to Oregon's constitution declaring that marriage may only be the union of one man and one woman, was ruled constitutional last week by the Court of Appeals for the State of Oregon. Brian Raum, senior legal counsel with the Alliance Defense Fund (ADF), praised the ruling. "We're very happy that the court ruled that the marriage amendment in Oregon is valid and upheld that amendment," Raum explains. Oregon voters approved the amendment in 2004 when 57 percent of those voting favored it over 43 percent who did not. Almost immediately, homosexual activists filed suit. "The other side claimed that the marriage amendment was not valid, that it was really a revision of the constitution. The court rejected that. The opposition claimed that the amendment violated the 'single-purpose principle' in an amendment. The court rejected that," Raum points out. Last week's second defeat for the homosexual activists who had originally challenged the amendment was the result of their appeal of that decision. Raum says he does not know whether the opposition will appeal to the Oregon Supreme Court. "Basically, we're very happy that the court rejected the arguments of our opposition and they accepted the will of the people in this case, and the democratic process has been protected in the interim," Raum contends. ADF provided funding in the case to allied attorney Kelly Clark, who represented the Defense of Marriage Coalition in defending the marriage protection amendment.
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