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 Oregon Court Rules For Lesbian Parents
by 365Gay.com Newscenter Staff
Posted: July 16, 2007 - 3:00 pm ET
(Portland, Ore.) 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 holds that two Oregon laws granting parental rights to married couples unconstitutionally discriminate against families headed by same-gender couples. Plaintiffs in the case include K.D. Parman, 32, her partner of nine years Jeana Frazzini, 34, and their two sons, Emmett, 4, and Griffin, 1.
Based on the landmark 1998 Tanner v. OHSU decision, which prohibited discrimination on the basis of sexual orientation as it relates to state benefits, services, privileges and immunities, the judge found that assigning benefits based on marriage, while not permitting same-sex couples access to these benefits, constitutes illegal discrimination against certain families.
"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.
Bloch found the Oregon Family Fairness Act – also called the Domestic Partnership law - to be one permissible solution to the problem, provided it goes into effect as scheduled on January 1, 2008. However, the law is being challenged by conservatives.
A signature-collection effort currently underway by the Constitution Party, designed to delay and ultimately overturn Oregon's new Domestic Partnership law, could put the law on the ballot for a public referendum, delaying implementation until after the November 2008 election.
"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 in a statement to fellow Oregon residents. "Please don't shut our family out from the ability to care for those we love."
©365Gay.com 2007
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