LOWE v. KEISLING

93C-11972; CA A84110.

882 P.2d 91 (1994)

130 Or. App. 1

Ellen LOWE, David Fidanque, Greg Evans, David Allen, Dominick Vetri, John Baker, Bonnie Tinker and Doretta Schrock, Respondents-Cross-Appellants, and City of Portland, Intervenor-Respondent, v. Phil KEISLING, Secretary of State of the State of Oregon, Appellant-Cross-Respondent, and Lon Mabon, Intervenor-Appellant-Cross-Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted September 1, 1994.

Decided September 1, 1994.


Attorney(s) appearing for the Case

Thomas A. Balmer, Deputy Atty. Gen., argued the cause for appellant-cross-respondent. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., Virginia L. Linder, Sol. Gen., Michael D. Reynolds, Asst. Sol. Gen., and Rives Kistler, Asst. Atty. Gen.

Bruce R. McCain, Portland, argued the cause and filed the briefs for intervenor-appellant-cross-respondent.

Charles F. Hinkle, Portland, argued the cause for respondents-cross-appellants. With him on the brief were Katherine A. McDowell, Portland, ACLU Foundation of Oregon, Inc., and Suzanne B. Goldberg, Lambda Legal Defense and Educ. Fund, New York City.

Peter A. Kasting, Portland, argued the cause for intervenor-respondent. On the brief was Jeffrey L. Rogers, City Atty.

Michael H. Simon, Perkins Coie and David A. Urman, Ball, Janik & Novack, Portland, filed a brief amici curiae for Jewish Federation of Portland, American Jewish Committee, and Anti-Defamation League of B'Nai B'Rith.

Paul B. Gamson and Smith, Gamson, Diamond & Olney, Portland, filed a brief amici curiae for OEA/OACE and Robert Crumpton.


Resubmitted In Banc September 1, 1994.

WARREN, Judge.

This case involves a challenge to a proposed initiative measure that seeks to amend the Oregon Constitution primarily to prohibit state and local governments from preventing discrimination against homosexual persons. Defendant Keisling, Secretary of State of the State of Oregon (the Secretary), and intervenor Mabon1 appeal summary judgment for plaintiffs2<...

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