9th Circ. upholds denial of Oregon domestic partnership
Court Watch 2008/08/15 07:12The Secretary’s procedures already allow chief petitioners and members of the public to observe the signature verification process and challenge decisions by county elections officials. The value of additional procedural safeguards therefore is negligible, and the burden on plaintiffs’ interests from the state’s failure to adopt their proposed procedures is slight at most.Plaintiffs had unsuccessfully asserted that Oregon was required to provide them with an opportunity to "rehabilitate" the stricken signatures, and also argued that the lack of uniform statewide rules for verifying referendum signatures violated Bush v. Gore.
The US District Court for the District of Oregon ruled in February that the domestic partnership law should be allowed to take effect after it was suspended last December. Oregon Governor Ted Kulongoski signed the bill into law last May after it was passed by the Oregon House and the Oregon Senate. The law would have taken effect on January 1 of this year had there been no lawsuit.