Oregon court upholds gay-marriage ban

PORTLAND — A constitutional amendment banning gay marriage, approved by voters in 2004, has been upheld by the Oregon Court of Appeals.

Gay and lesbian couples argued that Measure 36 should be overturned because it amounted to a revision to the Oregon Constitution rather than an amendment.

An amendment to the constitution can be made directly by voters through an initiative, but a revision can be referred to voters only after approval by two-thirds of the Oregon Legislature.

The amendment said that only marriage between one man and one woman shall be legally recognized in Oregon.

In an opinion by Presiding Judge Rick Haselton, the Court of Appeals said the ban "would not result in the kind of fundamental change in the constitution that would constitute a revision."

Mark Johnson, lead attorney for the couples, said an appeal was planned.

Johnson said Measure 36 contained significant constitutional flaws "even before it was placed on the ballot" and "should never have been presented to Oregon voters."

Nick Graham, spokesman for the Oregon Family Council, welcomed the ruling.

"We're still extremely confident in the integrity of Measure 36 and its position in the Oregon Constitution," he said.

The council and its Defense of Marriage Coalition helped the state defend it on appeal.

Oregon was among 11 states that approved gay-marriage bans in 2004.