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Oregon Court Rules Laws Discriminatory and Unconstitutional

Monday, July 16, 2007

This morning Basic Rights Oregon announced a victory in a court case-Parman v. Oregon. Here is a story from March of 2006 when the case was filed--below is what happened today at the press conference (the ruling was actually last Friday).

From BRO:
Oregon Court Rules that Oregon Laws Unconstitutionally Discriminate Against Children and Families of Same-Sex Parents

A Multnomah County Circuit Court judge found that two Oregon state laws violate the state's constitution by discriminating against families headed by same-gender couples.

"This decision is a tremendous win for children, for families, and for our shared Oregon value of basic fairness," said John Hummel, Executive Director of Basic Rights Oregon. "It validates the need for Oregon's new Domestic Partnership law to be implemented - not unnecessarily delayed or overturned by a referendum vote."

Judge Eric Bloch's decision in Parman v. Oregon et al holds that two Oregon laws (ORS 109.070 and ORS 109.243) granting parental rights to married couples unconstitutionally discriminate against families headed by same-gender couples.

Based on the landmark 1998 Tanner v. OHSU decision, Judge Bloch found that assigning benefits based on marriage, while not permitting same-sex couples access to these benefits, constitutes illegal discrimination against certain families. Plaintiffs in the case include K.D. Parman, 32, partner of nine years Jeana Frazzini, 34, and their two sons Emmett, 4, and Griffin, 1.

"We're thrilled by Judge Bloch's decision. Our family is really no different from any other family. We simply want to be treated fairly under the law, for our kids to have the same opportunities as any other child to succeed and thrive, and to do everything in our power to keep them safe. And that includes legal recognition for our family as a family," said Parman.

The decision brings Oregon's independent judicial branch into agreement with the Governor and Legislature, that that the state does in fact illegally discriminate against the families of same-sex couples, and that the Oregon Constitution requires this discrimination to end.

As a remedy, Judge Bloch found that Oregon's new Domestic Partnership to be one permissible solution to the problem, provided it goes into effect as scheduled on January 1, 2008. However, the future of Oregon's new Domestic Partnership law - and the future of many Oregon families - is still in jeopardy.

A signature-collection effort designed to delay and ultimately overturn Oregon's new Domestic Partnership law is already underway. Should this effort be successful, and Oregon's new Domestic Partnership Law be placed on the ballot, implementation of this law will be unnecessarily delayed until after the November 2008 election, and the law could be overturned altogether.

"We now know that delaying or overturning Oregon's Domestic Partnership law would not only hurt many children and families, it could precipitate a constitutional crisis," said Hummel. "Oregon's Domestic Partnership law must be allowed to go into effect on January 1st, 2008 - without delay... as required by Oregon's constitution, and for the sake of Oregon's children and families."

"From our family to all other Oregon families - we ask you NOT to sign the petitions that are designed to overturn Oregon's new Domestic Partnership law," urged Frazzini. "Please don't shut our family out from the ability to care for those we love."

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Gay. Parents. In Portland? OMG.

Tuesday, April 03, 2007

Of course...

The Seattle Times recently did an expose on gay parents. The below story happens to be from here in good ol' Portland.

At 24, Hank Cattell has a black belt in tae kwan do and is studying public health at Portland State University. He grew up in West Seattle before moving at age 12 to Portland, where his mother, Mary Schutten, and her partner, Cathryn Cushing, merged families, an arrangement Cattell calls "alternative-lifestyle Brady Bunch."

THE STRESS had nothing to do with having two moms. It was living with two other children my age. I had been an only child. Maybe I was a little spoiled. We fought a lot over the usual stupid things: television, food, whatever. We went to family counseling, which was really helpful.

At school, people would say, "They're your sisters?" I would be like, "Yeah, well, they're my mom's lesbian lover's children." I enjoyed the shock value. Once they figure out I am serious, they're curious as to how I was born, if I'm a test-tube baby or something.

My mom was married to my dad. They got divorced (when I was 2), and my mom is a lesbian. Mom had a few different relationships with various women who I still really like. It's like I have lots of aunts. If there wasn't a stigma attached to it, it never would have been an issue for me at all.

I had a very normal childhood. My mom raised me (to believe) some people are gay, some are straight, it doesn't really matter. It took awhile to realize there are people who don't like homosexuals.

Middle school was extremely unpleasant. My mom decided to send me to a private Lutheran school. In seventh grade, one of my teachers would talk about homosexuality and how it's a sin. I was Methodist at the time; my mom and I would go to church every Sunday. I really believed, then. I couldn't imagine my mom going to hell. That really hurt me. It seemed utterly ridiculous that God would create someone in such a way and then punish them for being just who they are.

I started arguing with the teacher and the other students. I didn't actually tell them my mom was gay. The other kids would ask me if I was gay. I'd say I know people who are gay and they're really good people. I told my mom, and she took me out immediately. I went to Meany Middle School, which was very comfortable, very cool.

My dad is not very involved. I'd see him once or twice a year. I haven't seen him since I graduated from high school, but we talk on the phone. A lack of connection more than any kind of dislike. My mom had five brothers, so I have lots of uncles, and I had a "Big Brother" who I saw every week for years. It is good to have role models, but I don't think that has to mean a biological father or stepfather. I do notice a difference between myself and other guys. For one thing, I've always been more comfortable around women than other guys are. For a long time, I didn't have many guy friends. Whenever guys would joke about wanting to have sex with a woman or make crude remarks, that always made me uncomfortable. I think guys bond a lot with that kind of stuff. I never really liked sports. That doesn't have anything to do with my mom. My mom loves sports. Now, it's not difficult to have male friends because there's a much wider array of interests.

I was really excited when gay marriage temporarily became legal here. My mom and Cathryn were married by a judge in the courthouse downtown. For me, marriage is society acknowledging your union, and I think that's beautiful even if you're not religious. I don't understand people that have such animosity toward homosexuals. If they knew my mom and Cathryn, they could easily change their mind. If your parents are gay, it's a blessing because you'll have more freedom to explore your own sexuality. I never felt nervous about telling my mom who I was attracted to. She always said whoever you choose to be with, I'll support that - just as long as they're good enough for you!

I remember as a kid, being attracted to both boys and girls. For the most part, I wanted to be nothing but straight, just because it's easier. I accepted I was bisexual when I was 16. It was actually my first long-term relationship with a girl, and she never had any problem with it; she's bisexual, too. Since then, I've had some terrible experiences when I've told friends because they think I'm gay and I don't know it.

My mom is always ready and willing with lots of advice and support, though sometimes talking about issues of sex with my mom makes me uncomfortable. Not because she's weird about it - just because she's my mom!


Read the entire piece over @ The Seattle Times.

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