As expected, lawsuit filed seeking vote on nixing gay rights law

By JOHN FORTMEYER
CNNW publisher
   PORTLAND — A nationally known Christian legal defense organization has filed what a lead attorney termed a “megalawsuit” aiming to get a statewide vote this November on overturning one of Oregon’s new homosexual rights laws.
   In addition to filing the lawsuit in federal court in Portland Dec. 3, the Arizona-based Alliance Defense Fund on Dec. 18 filed a motion for a temporary restraining order and preliminary injunction that, at press time in late December, could prevent the state’s domestic partnerships law, House Bill 2007, from becoming effective Jan. 1. Oral arguments on that filing were to take place Dec. 28 in the federal court.
   Attorneys for Alliance Defense Fund filed the lawsuit in federal court in Portland against the Oregon Secretary of State and elections officials in 12 counties, claiming that those offices wrongfully invalidated voters’ signatures on a citizen referendum. The filing of the lawsuit had been expected for several weeks.
   If sustained, the referendum would place onto the November 2008 ballot an option for voters to repeal the new domestic partnership bill that was passed by the state Legislature last year and signed into law by Gov. Ted Kulongoski.
  “Our country is founded on the basic principle of government of the people, by the people, and for the people. It is un-American that Oregon citizens are being denied the right to have their vote count in an important referendum,” said Austin Nimocks, senior legal counsel for the Alliance Defense Fund.
  “The county clerks must fulfill their duty, which is to make sure that every citizen’s legitimately submitted signature counts,” Nimocks added. “The right to exercise one’s voice in the democratic process is a crucial one, and state and county officials must not infringe upon that right.”
   Nimocks told Christian News Northwest that he could not predict how soon the federal court might take action on the lawsuit.
   The head of Basic Rights Oregon, an agency promoting homosexual rights, last month said that the lawsuit was “completely without merit.”
  “This lawsuit demonstrates our opponents’ commitment to repealing Oregon’s anti-discrimination laws,” Executive Director John Hummel said in a statement Dec. 4. “We have to be vigilant, and prepared to meet them at every turn. We are confident that this case will be dismissed.”
   Hummel, who resigned his post effective Dec. 31 to return to Colorado, predicted the lawsuit’s chances of success as slim to none.
   The Alliance Defense Fund attorneys filed the lawsuit on behalf of several Oregonians whose signatures were invalidated by clerks’ offices in the following counties: Benton, Clackamas, Hood River, Jackson, Josephine, Lane, Linn, Marion, Multnomah, Polk, Washington and Yamhill.
   Many of the citizens sought, in person, to have their signatures revalidated since no legitimate reason existed to reject their signatures, the lawsuit alleges, but the clerks refused.
   The lawsuit claims that signatures were improperly invalidated for various reasons, including determinations that signatures did not match their corresponding voter registration cards, though they did, said Nimocks.
   Other signatures were excluded for voters allegedly not being registered, though they were, he said. Another signer's signature was excluded because the clerk considered the signature illegible, though it could be read, he said. None of the 254 signers who had their signatures excluded by clerks were ever contacted about the matter, according to the lawsuit.
   In Oregon elections, where most citizens vote by mail, voters are routinely contacted about missing, old, or non-matching signatures, all in an effort to give the voter every chance to make sure their vote counts, Nimocks explained. Yet, when it came to Referendum 303, clerks were unconcerned about ensuring that every vote counted and contacted no one, he said. The law allows them to contact the signers, but they refused.
   Though the number of signatures for the referendum submitted to the office exceeded the required number by more than 6,000, the Secretary of State publicly announced on Oct. 8 that there were not enough signatures to sustain the referendum. On Oct. 26, when the final results were certified by the Secretary of State, Referendum 303 was only five signatures shy of gaining access to the ballot.
   The statewide signature campaign last summer was an effort coordinated by several Christian groups, including Concerned Oregonians, represented by Restore America founder David Crowe, and Defense of Marriage and Family Again, with former state Rep. Marylin Shannon of Brooks as spokesperson.
   Those behind the campaign say the initiative try was necessary because they see the new gay rights laws as an affront to the majority of Oregonians.
In a November breakfast in Tualatin sponsored by Restore America, Nimocks said the forthcoming legal action was “one big megalawsuit” representing the concerns of dozens of plaintiffs. He said it would focus heavily on violations of due process and equal protection under the law.
   Should the lawsuit fail to promptly get the referendum placed on this November ballot, the Christian groups are prepared to start a new signature drive.
   They say they are well positioned to do a new campaign, even though it might require as many as 100,000 signatures.
   A copy of the lawsuit filed at the U.S. District Court for the District of Oregon in the case Lemons v. Bradbury can be read at www.telladf.org/UserDocs/LemonsComplaint.pdf.
   Alliance Defense Fund was founded by James Dobson of Focus on the Family, Donald Wildmon of Amerian Family Assoc-iation, and other Christian leaders including the late Bill Bright, D. James Kennedy and Marlin Maddoux.
   More than 1,000 attorneys nationwide are affiliated with Alliance Defense Fund.