David Fidanque, Executive Director of the American Civil Liberties Union of Oregon, and professor of law Dominick Vetri convened for a panel discussion Wednesday evening to discuss the pending ACLU case for marriage equality in Oregon and examine the impact that Constitutional Amendment 36 would have on the future of same-sex couples in Oregon. Margaret Wilson and Anna Thomas, a same-sex couple of 17 years, also spoke.
Vetri and his partner of 27 years are one of nine couples being represented in the pending ACLU case, Li and Kennedy v. State of Oregon. The suit challenges Oregon's marriage statute forbidding same-sex marriage. Fidanque said the ACLU filed suit this spring just after Multnomah County stopped issuing marriage licenses.
Vetri commenced the presentation, titled "Marriage Equality: Oregon Law and Beyond," by placing Constitutional Amendment 36 and marriage inequality in a historical context alongside the struggle for gender and civil rights.
"Fortunately we did not ban interracial marriage in the constitution," Vetri. said. "But that's not to say that some didn't try."
Vetri discussed a few of the rights that same-sex couples are not granted under current laws. There is no right to coverage under a partner's health plan and there is no automatic protection for children of same sex couples, he said.
"Amendment 36 will push us backward," Vetri said. "The Oregon Constitution is designed to protect the people, not hurt them, and protect rights, not deny them."
Nobody knows how Constitutional Amendment 36, if passed, will affect the pending lawsuit, Fidanque said.
"We're going to argue that the case still stands," he said. Fidanque said attitudes are evolving quickly.
"A large majority supports same-sex partnership, but there is no census on how it should be done," he said. "Amendment 36 is designed to take one of those things off of the table."
Fidanque said that the ACLU has put $2.5 million into a "No on 36" campaign, making it the most expensive campaign it has run on a gay rights issue.
"We're trying to get people to understand that they are putting unequal treatment into the constitution," he said.
Wilson and Thomas discussed a number of rights they have been denied. They have no access to adoption agencies, they cannot access each other's health insurance, and they have separate deductibles.
"If I were to die tomorrow, Anna wouldn't get my Social Security benefits," Wilson said. "There are certain benefits that, unless marriage is recognized, we will never get."
The event was sponsored by OutLaws and the Women's Law Forum. Law student and director of OutLaws George Marlton said, "(Measure 36) is going to really impact a lot of people's lives and impact policy in Oregon's future."
Marlton said if the amendment is passed, marriage will be ruled out, but there are other remedies. Some states offer civil unions or domestic partnerships, which provide same-sex couples the rights granted to married couples.
"The way you phrase it changes people's minds," Marlton said. "It's the presentation."
Jesse Mungan is a freelance reporter for the Daily Emerald
Be the first to comment on this article!