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MARTINEZ v. KULONGOSKI

05C11023; A130818.

185 P.3d 498 (2008)

220 Or. App. 142

Juan MARTINEZ; Byron Beck; Dan O'Neil; Steve Kenison; Rupert Kinnard; Scott Stapley; Marc Acito; Floyd Sklaver; Becky Hanson; Kathy Flynn; Cristina Caravaca; Sandra Naranjo; Michelle Snyder; Heidi Thorstad; Diane Groff; Liz Cahill; Tim Smith; Kent Kullby; Kelly Burke; Dolores Doyle; Daniel E.H. Bryant; and Glenna Shepherd, Plaintiffs-Appellants, v. Theodore R. KULONGOSKI, Governor of the State of Oregon; and State of Oregon, Defendants-Respondents, and Defense of Marriage Coalition PAC, an Oregon political action committee; Timothy Nashif; Michael White; and Dennis R. Tuuri, Intervenors-Respondents.

Court of Appeals of Oregon.

Filed May 21, 2008.

Attorney(s) appearing for the Case

Mark Johnson, Portland, argued the cause for appellants. With him on the briefs was Johnson Renshaw & Lechman-Su PC.

Erin C. Lagesen, Assistant Attorney General, argued the cause for respondents. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Kelly Clark, Portland, argued the cause for intervenors-respondents. With him on the briefs were Kristian Roggendorf and O'Donnell & Clark LLP.

Marc E. Jolin and Perkins Coie, LLP, and Thomas M. Christ, Portland, and Cosgrave Vergeer Kester LLP filed the brief amicus curiae for American Civil Liberties Union Foundation of Oregon.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Plaintiffs brought this action for declaratory relief against the Governor and the State of Oregon (the state), seeking a declaration that Ballot Measure 36 (2004), a voter-initiated measure, which prohibited recognition of same-sex marriages, did not comply with the provisions of Article XVII, sections 1 and 2, of the Oregon Constitution. On cross-motions for summary judgment, the trial court entered judgment in favor of defendants. Plaintiffs appeal...

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