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Court affirms will of Oregon voters: marriage amendment constitutional

Judge upholds amendment passed by 57% of state’s voters in 2004
Thursday, May 22, 2008, 10:25 AM (MST) |
ADF Media Relations | 480-444-0020


SALEM, Ore. — An Oregon appeals court ruled Wednesday that Measure 36, the state’s constitutional amendment affirming marriage as the union between one man and one woman, is constitutional.  The Alliance Defense Fund provided funding to attorney Kelly Clark, who defended the amendment before the court on behalf of the Defense of Marriage Coalition.

“The government should promote and encourage strong families.  In this case, advocates of homosexual behavior attempted to overrule the will of the people, who recognize that the best environment for children is within a marriage between one man and one woman,” said ADF Senior Legal Counsel Brian Raum.  “Real marriage is the foundation for strong families, and strong families are the foundation for strong communities.”

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In November 2004, Oregon voters approved Measure 36, a constitutional amendment defining marriage as the union between one man and one woman by a margin of 57% to 43%.  Shortly thereafter, several advocates of homosexual behavior filed a lawsuit to nullify the expressed will of the people.  In November 2004, a circuit court judge ruled that Measure 36 was constitutional (www.telladf.org/news/story.aspx?cid=3582).  Same-sex “marriage” advocates then appealed to the state Court of Appeals, which upheld the circuit court’s ruling.

A copy of the opinion by the Court of Appeals for the State of Oregon in Martinez v. Kulongoski can be read at www.telladf.org/UserDocs/MartinezOpinion.pdf.

“Political special interests are attacking marriage to further their agenda,” said Raum.  “That is why Oregon voters adopted Measure 36, to protect against these attacks.  We’re glad that the court chose to affirm the will of the people when it comes to the meaning of marriage.”

ADF is a legal alliance of Christian attorneys and like-minded organizations defending the right of people to freely live out their faith.  Launched in 1994, ADF employs a unique combination of strategy, training, funding, and litigation to protect and preserve religious liberty, the sanctity of life, marriage, and the family.

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