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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 1, 2004)
1 . 2 c . 4 * Just out 1t TnTiTTTTw^Tinetvs PHOTO BY MARTY DAVIS T he N o on Constitutional Amend ment 36 cam paign demanded Sept. 14 that Oregon television stations stop broadcasting an advertisement tor the Yes on 36 campaign because it falsely states that Ballot Measure 36 “does not change the constitution.” In the ad, a camera pans slowly across an empty law office as the narrator accuses local officials and so-called “activist judges" of trying to ovemile Oregon law by issuing marriage licenses to gay and lesbian couples. “Measure 36 doesn’t change the constitu tion,” the narrator says. “ It only clarifies what has always been. Marriage is between one man and one woman.” Steve Green, a constitutional law professor at Willamette University, refuted the ads statement. “Don’t be fooled,” he told Just Out. “They wouldn’t be doing this if it weren’t to create some significant change to the constitution.” Green said that not only would the amend ment change the letter and the spirit of the con stitution, it would “set a precedent for unequal treatment of gays and lesbians” and “creates the presumption that different treatment is the norm.” Green compared arguments in favor to the amendment to those supporting “separate but equal” Jim Crow laws at the turn of the 20th cen tury, which enshrined unequal treatment of African Americans. “We saw how that effected change” and created a second-class system, he said. In a letter sent to television station managers on behalf of N o on 36, attorney Mark Johnson wrote: “A statement that an amendment to the constitution ‘doesn’t change the constitution’ is unambiguously false. The very purpose of an amendment to the constitution is to change the constitution.” The secretary of state’s official explanatory statement of Ballot Measure 36 makes it clear that it would change the constitution, stating that a “ ‘Yes’ vote adds to the Oregon Constitution dec laration of policy that only marriage between one man and one woman is valid or legally recognized as marriage,” while a “ ‘N o’ vote retains existing constitution without a provision declaring that only marriage between one man and one woman is valid or legally recognized as marriage.” No station has yet agreed to pull the adver tisement. No on 36 is reviewing its legal options, said Rebekah Kassell, press secretary for the cam paign. While disturbed that the measure’s backers would use such blatantly false advertising, she is unniffled by the appearance o f ads in support of the amendment. “It’s no surprise that our opposition has a cam paign,” Kassell told Just Out. “We knew they would be on TV and have signs. But we also knew that even with all that we can win. When our message goes head to head with theirs, we win.” F alse A dvertising Marriage equality foes stoop to new lows by M eg D aly The Poll Is in the Eye of the Beholder T he Portland Tribune and KOIN-TV released the results of a poll Sept. 21 that showed a majority o f voters in Oregon support a constitu tional amendment to ban same-sex marriage. According to the Tribune, the poll was con ducted from Sept. 13 to 16 by Research 2000 of Rockville, Md. “Pollsters interviewed by tele phone 600 likely voters statewide, who vote reg ularly in state elections,” the newspaper wrote. The poll indicated that 57 percent of Oregon voters support the amendment and that 38 per cent oppose it. Kassell, however, is skeptical. She said the timing of this poll— directly after the Republi can National Convention and the launch of the Yes on 36 ad campaign— could have affected results. “The truth about polls is about how the ques tion is asked, when it’s asked and who is asked,” she said. A poll conducted in July for the No on 36 campaign showed distinctly different numbers, with 49 percent of voters saying they would sup port the amendment and 46 percent saying they would vote against it. The poll was conducted before either campaign was launched. “ I don’t believe (the poll) accurately reflects the electorate,” Kassell said. Oregon’s First Lady Joins Opponents of 36 M ary Oberst, Oregon’s first lady, gathered with constitutional experts Sept. 22 in Eugene to oppose Ballot Measure 36. “There is nothing less controversial than preserving equal treatment for everyone in our constitution,” said Oberst, an attorney who is married to Gov. Ted Kulongoski. “Our consti tution is not the place to provide restrictions or limits on our neigh bors, family members and friends.” Oberst was joined by attorneys Dorn Vetri and Robert H. Fraser and W illamette University law professor Steve Green. Mary Oberst Don Valerio, MD Board Certified Internal Medicine Fanno Creek Clinic 2400 SW Vermont Portland “This amendment makes equal treatment of all Oregoni ans unconstitutional by enshrining unequal treatment of gays and lesbians into our constitution,” said Vetri, a law professor at University of Ore gon and authority on gay and lesbian legal issues. Fraser, a former president o f the Oregon State Bar A sso ciation, added: “One of the things that makes this state— and our country— strong is our ability to disagree without diminishing basic rights for all. TtxJay, gays and lesbians are being targeted for unequal treatment. W ho will it be tomorrow?” O ther public officials opposing the amendment include Kulongoski; former Gov. Barbara Roberts; Secre tary o f State Bill Bradbury; T he Yes on 36 campaign is running a television advertisement U .S. Sen. Ron Wyden, D-Ore; claiming the ballot measure “ does not change the constitution” U .S . Reps. David Wu and Peter DeFazio, both D-Ore.; former state Rep. one man and one man,” Scott’s statement is Gail Shibley, D-Portland; and the Portland City reported to read. Council, among many others. According to Merriam-Webster Dictionary, a Freudian slip is “a slip of the tongue that is Freudian Slip? motivated by and reveals some unconscious aspect of the mind.” he granddaddy of psychoanalysis, Sigmund As of press rime, Scott had not responded to Freud, could have requests for a comment had a heyday with on what that uncon- recent slip-up by a . .1 ... /j /, 1 scious aspect of hi his prominent supporter of W We COflStltUtlOn QOeSIl t Chatige mind might have been unequal treatment of Once a letter is sub queers. mitted for inclusion in K A TU -TV reported the pamphlet, it cannot Sept. 1 that Oregon be rescinded by the House Majority Leader author. Voters can view Wayne Scott submitted S co tt’s letter in the forthcoming Oregon a letter in support of Mork Johnson Voters’ Pamphlet. J H Measure 36 to be included in the Oregon To make a donation or to volunteer, contact the Voters’ Pamphlet that contains a statement N o on C onstitutional A mendment 36 that runs counter to his opposition to same-sex campaign at 971-244'1399 or uictc.noon36.com. marriage. Free signs and stickers are available, courtesy of “ It’s important to affirm what we all TechnoDyke.com, at the Egyptian Club, Haven, thought was already in the Oregon Constitu F cmk I Fight, In Other Words and It’s My Pleasure. tion: Marriage is a sacred covenant between T "it statement that an amendment the constitution' is unambiguously false. The very purpose of an amendment to the constitution is to change the constitution. Got financial questions? answers. • • • • 1 College Savings Plans Comprehensive Financial Planning Retirement PLanning Life & Disability Insurance* Estate Tax Analysis 1 Mutual Funds Investing 1 IRAs, Roth IRAs,. 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