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Last Updated: 09.09.2004

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TOP6NEWS - September 9, 2004


1-NEWS:  OR poll shows strong support for m amendment
2-
NEWS:  OR Catholic Conference, LDS Church voice support for m amendment
3-
NEWS:  Judge rules in favor of CA DP law
4-
NEWS:  CA AG must explain why DOMA constitutional by Oct. 8
5-NEWS:  ACLU attorney tells OK High Court: m amendment is 'social engineering'
6-NEWS:  VT, VA both claim lesbian custody battle jurisdiction 6

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1-NEWS: OR poll shows strong support for m amendment

See Poll

Portland pollster says Ore. up for grabs in presidential race
6:00 AM PDT on Thursday, September 9, 2004
By ABE ESTIMADA, kgw.com Staff
http://www.kgw.com/news-local/stories/kgw_090904_news_riley_poll.f9f2f859.html
The Republican National Convention may have helped President Bush battle to a dead heat with rival John Kerry in Oregon with less than two months to go before the general election, according to one Portland pollster.

Among likely voters, Bush is favored 46 percent while Kerry draws 45 percent, according to a scientific poll released Wednesday by Riley Research Associates.

The poll also surveyed the attitudes of likely voters about the Portland mayoral race, the controversial ballot measure banning same-sex marriage in Oregon, and a few of the hotly contested Congressional races in the state.

...
The Riley poll, taken by phone, surveyed about 507 registered voters who said they’re most likely to vote in the Nov. 2 election. The presidential survey of Oregon has a margin of error of plus or minus 4.35 percent. The Portland mayor’s race has a margin of error of plus or minus 8 percent, while the Congressional races have a margin of error of plus or minus 10 percent.

The poll was taken between Aug. 26 and Sept. 1. The GOP convention began on Aug. 30 and ended Sept. 1.
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Gay marriage debate
Matching numbers in Missouri where voters earlier this summer approved a ban on same-sex marriages, Oregon’s likely voters also seemed to support a similar measure.

About 61 percent of likely voters said they would vote for an Oregon ballot measure 36 on the ballot that would ban same-sex nuptials, while 34 percent oppose it. Just 5 percent are undecided about the issue.

In fact, support for the controversial measure has jumped since Riley’s last poll conducted in May. In that poll, 51 percent of potential voters said they would support a ban on same-sex marriage, while 39 percent opposed it.

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2-NEWS: OR Catholic Conference, LDS Church voice support for m amendment

Oregon Catholic board lends support to Measure 36
Mormons issue a statement endorsing the proposal to amend the state constitution to ban same-sex marriage
Thursday, September 09, 2004
BILL GRAVES Oregonian
http://www.oregonlive.com/news/oregonian/index.ssf?/base/front_page/1094730970115710.xml
The Oregon Catholic Conference, representing the state's 425,000 Roman Catholics, will support a measure to ban same-sex marriage when its board meets Friday, said Robert Castagna, general counsel and executive director.

"The church is not telling people how to vote," Castagna said. "The church offers its moral teaching and better judgment not only to Catholics, but to all people of good will."

The church has opposed or stayed neutral on anti-gay rights initiatives in the past, but leaders say they are supporting Measure 36 because it deals with marriage, a holy sacrament for Roman Catholics.

The Church of Jesus Christ of Latter-day Saints also issued a statement Wednesday saying it "favors a constitutional amendment preserving marriage as a lawful union of a man and a woman." The church counts 139,507 Mormons in Oregon, including an estimated 60,000 in the Portland area.

"We believe marriage is between a man and a woman," said Myron Child, a spokesman for Portland-area Mormon churches. "We see this as a moral issue."

Measure 36 on the Nov. 2 ballot would amend the state constitution to recognize marriage only between a man and a woman.

Other Christian denominations take varying positions on the measure, and individual congregations are divided, said David Leslie, executive director of Ecumenical Ministries of Oregon, which represents 17 Christian denominations, including Catholics.

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3-NEWS: Judge rules in favor of CA DP law

Judge Backs Partner Rights Law
The sweeping measure doesn't conflict with Prop. 22, which says marriage must be between a man and a woman, a jurist rules.

By Lee Romney, LA Times Staff Writer
http://www.latimes.com/news/local/la-me-domestic9sep09,1,7064207.story
SAN FRANCISCO — A Sacramento County Superior Court judge upheld the state's sweeping domestic partners law Wednesday, ruling that it does not conflict with a voter-approved proposition that limits the recognition of marriage to heterosexual couples.

The law, approved last year with the passage of AB 205, grants most of the same state rights to registered domestic partners that are bestowed by marriage, although the couples receive no federal benefits and cannot file joint state tax returns.

Two conservative organizations, the Campaign for California Families and the Proposition 22 Legal Defense and Education Fund, had challenged the law, arguing that it was "marriage under a different name" and therefore violated the successful 2000 ballot initiative championed by former state Sen. William J. "Pete" Knight (R-Palmdale), who died in May.

But Judge Loren E. McMaster disagreed.
"The Legislature has taken nothing away from what was enacted by the people," he wrote. "Simply because the Legislature deemed it to be in the best interest of the state of California to give domestic partners rights that are substantially the same as those enjoyed by persons who are married does not change the definition of marriage."

Wednesday's ruling means the benefits and obligations bestowed by the law, with respect to property, child custody and arrangements after death, will go into effect in January as planned.

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4-NEWS: CA AG must explain why DOMA constitutional by Oct. 8

Marriage law defense must come by Oct. 8
Judge orders Lockyer to explain why state ban on gay unions is constitutional
By Josh Richman, Oakland Tribune STAFF WRITER
http://www.oaklandtribune.com/Stories/0,1413,82~1865~2389861,00.html
California Attorney General Bill Lockyer has until Oct. 8 to file a brief explaining why the state's ban on same-sex marriage is constitutionally sound, a judge said Wednesday.

San Francisco Superior Court Judge Richard Kramer also set Oct. 26 as the date for the next case-management conference in several, consolidated lawsuits challenging the ban.

"The attorney general wants to move quickly and have this issue resolved for the people of California, and we fully intend to meet whatever time schedule the judge sets in these cases," said Hallye Jordan, Lockyer's spokeswoman.

Lockyer has said his office is duty-bound to defend the state law's constitutionality despite his personal support for same-sex marriage.

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5-NEWS: ACLU attorney tells OK High Court: m amendment is 'social engineering'

Supreme Court Hears Challenge To Marriage Referendum
ACLU Attorney Calls Attempt To Ban Gay Marriage 'Social Engineering'
POSTED: 1:35 pm CDT September 8, 2004
UPDATED: 1:38 pm CDT September 8, 2004
http://www.channeloklahoma.com/news/3715093/detail.html
OKLAHOMA CITY -- A referendum that would ban gay marriage is an attempt at "far-reaching social engineering" that could also ban civil unions and other kinds of domestic partnerships, an attorney for the American Civil Liberties Union of Oklahoma said Wednesday.

ACLU attorney Mark Henricksen told a state Supreme Court referee the court should stop a planned Nov. 2 statewide vote on State Question 711 because the gay marriage ban is "vague, ambiguous and flawed" and would discriminate against gays and lesbians.

Attorneys for Attorney General Drew Edmondson and two state lawmakers who support the ban said the people should be allowed to vote on the issue, arguing before Referee Greg Albert that the Supreme Court has never recognized the right of same-sex couples to marry.

"This case is about the people's right to vote," Senior Assistant Attorney General Sandra Rinehart said. "The petitioners are trying to take away that right."

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6-NEWS: VT, VA both claim lesbian custody battle jurisdiction

 Vt. Judge Claims Control of Same-Sex Custody Fight
By Jonathan Finer
Washington Post Staff Writer
Thursday, September 9, 2004; Page A11
http://www.washingtonpost.com/wp-dyn/articles/A6946-2004Sep8.html
A Vermont court has asserted its jurisdiction over a same-sex couple's contentious custody battle, finding Lisa Miller-Jenkins of Winchester, Va., in contempt for failing to permit her former partner to visit 2-year-old Isabella.

Rutland Family Court Judge William D. Cohen imposed no punishment. He said his goal was to ensure compliance with his earlier order granting Janet Miller-Jenkins visitation until custody of the child is determined.

The dispute between the women, who exchanged vows in Vermont in 2000, has been described by gay-rights advocates and opponents as a test of that state's civil union law, which took effect in 2000 and offers same-sex couples the legal protections of marriage under state law.

The case has sparked a jurisdictional squabble between courts in two states with decidedly different laws concerning the legal rights of same-sex couples.

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