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Round two will take place in the courts
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A N D E E
H Q C H M A N
he first round on Ballot Measure 8, the
successful repeal of Governor Neil
Goldschmidt’s executive order forbidding
discrimination in state hiring based on sexual
orientation, was fought in the voting booths.
Round two will take place in the courts.
Members of the ACLU lawyers committee
are preparing a suit to challenge Measure 8,
arguing that it violates both the equal protection
clauses of the Oregon and U.S. Constitutions as
well as the Oregon “ separation of powers”
doctrine. According to this doctrine, one branch
of government — for instance, the voters,
acting through a legislative initiative — cannot
intrude into other branches, such as an
executive branch order by the governor.
“ A direct repeal of a governor’s executive
order is not, in my opinion, constitutional,
because of the separation of powers doctrine,”
said attorney Ed Reeves in an interview shortly
after the election.
If the grounds for the suit seem obvious,
many other details are not — including who the
plaintiffs should be, who the defendants should
be and at what level the matter should be filed.
The ACLU placed ads seeking state govern
ment employees who had been discriminated
against and would be willing to bring such
a suit.
“ But no one has stepped forward who’s
willing to say they have been discriminated
against,” said attorney Charles Hinkle, who is
preparing the suit. “ We know such things have
happened, but no one’s been stepping forward.”
Instead, Hinkle said, the suit will be brought
oq * T
escen tia l
now
B Y
BRAD SAWYER
REALTORS
on behalf of state employees who will be seek
ing their responsibility as administrators under
the new law. He declined to name any of those
individuals or to indicate who the defendants
will be.
“ That is the principle issue that is
unresolved. We are still trying to frame the
lawsuit,” Hinkle said. He said he expects to file
the suit, probably in Oregon Circuit Court, by
the end of January.
Another legal avenue for challenge involves
not the measure itself, but the Oregon Citizens’
Alliance materials that helped it pass,
including the “ No Special Rights” message
that accompanied the group’s petition
gathering. Attorney Janice Wilson is research
ing and preparing a complaint about possible
election law violations by the OCA.
“ There are two categories,” she explained.
4 ‘Their failure to put on some materials that
they were paid for by their committee, and a
violation of the law not to use misleading or
false election materials.”
Wilson and others are still examining OCA
materials and seeking plaintiffs for the com
plaint. This matter would not involve a court
action; rather, a complaint would be filed with
the secretary of state’s office. A violation of the
law involving false or misleading election mate
rials could result in criminal prosecution; the
failure to indicate who paid for some advertise
ments is a non-criminal violation that could
result in fines.
“ We want not only to get this investigated,
but to get the maximum publicity,” said
Wilson. “ The main reason to do it is to have
people know those materials were false.”
How Oregonians voted on
Ballot Measure 8
Mi. TABOR FL0RI5T
No votes outnumber yes votes in seven counties
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BALLOT MEASURE 8
County Breakdown
County
Baker
* Benton
Clackamas
♦Clatsop
Columbia
♦Coos
Crook
♦Curry
Deschutes
Douglas
Gilliam
Grant
Harney
Hood River
Jackson
Jefferson
Josephine
Klamath
Yes
No
3,898
14,056
67,844
6,499
9,168
11,381
3,457
4,313
17,826
23,180
485
2,937
2,265
4,200
35,140
2,816
17,582
13,636
2,783
17,224
53,858
7,282
6,521
13,209
2,378
4,454
13,115
14,720
411
947
1,007
2,526
25,918
2,177
9,323
8,630
YES — 626,751(53%)
227-6047
M-F 8-6
SAT 9-12
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256-2920
Yes
No
2,044
54,609
7,636
20,608
5,348
52,279
1,784
119,333
12,549
656
5,472
10,688
6,158
2,447
5,287
63,901
397
14,852
1,358
63,002
9,490
14,089
3,888
35,378
1,189
142,826
8,024
379
4,638
7,660
3,835
1,025
4,430
63,146
283
10,232
County
Lake
*Lane
♦Lincoln
Linn
Malheur
Marion
Morrow
♦Multnomah
Polk
Sherman
Tillamook
Umatilla
Union
Wallowa
Wasco
Washington
Wheeler
Yamhill
NO — 561,355 (47%)
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SUSAN D. MORGAN, V.M.D.
1320 NW 20th Avenue
Portland, OR 97209