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July 11, 2008

Fate of domestic partnerships might rest on outcome

Oregon's new domestic-partnership law could stand, or it could be back in the hands of a lower federal court, depending on how three federal appeals judges weigh arguments they heard Tuesday.

Opponents of the law, represented by the Alliance Defense Fund of Scottsdale, Ariz., made their case to a panel of the U.S. 9th Circuit Court of Appeals. Their arguments were not aimed at the law itself, but at elections officials' disqualification of petition signatures they filed to force a statewide election on the law.

The appeals court will have to decide soon, within 30 days or so, if the law is to face a vote on the Nov. 4 general election ballot.

One couple heard the arguments at the historic Pioneer Courthouse with more than a passing interest.

"This is a case that is not about gay rights," said Leila Wrathall of Portland. "It is about whether they are going to validate the method which the secretary of state's office uses to ensure that signatures are valid. We're hoping that the court will uphold that."

More than 30 voters sued Secretary of State Bill Bradbury and elections officials from 10 counties, who determined that opponents fell just short of the 55,179 signatures required to call a statewide election.

"They didn't get enough signatures — that's the point," said Cathy Travis, Wrathall's partner. "That's very encouraging in terms of Oregon and gay rights, although that's not what this argument was about. But it's nice to know there is a process. You cannot fall short of signatures, then force everyone to spend a lot of money to determine whether we should get the rights we deserve."


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