Attorneys Charge Oregon Officials Conspired Against Traditional Marriage
by Allie Martin
October 25, 2004
(AgapePress) - A Christian law firm has filed a brief in a case involving government officials, the American Civil Liberties Union, and judges who are accused of trying to undermine the state's laws defining marriage as the union of one man and one woman.Earlier this year, Oregon's attorney general issued an opinion stating he believed Oregon law, which limited marriage to one man and one woman, was unconstitutional. A few weeks later the same attorney general, a local judge, and county attorneys agreed on a litigation strategy in which all parties would work together to challenge Oregon's statutes. According to Liberty Counsel, a pro-family litigation and policy organization, the state officials met together and decided when the ACLU would file its lawsuit attacking the constitutionality of the law, what the suit would allege, and who would be involved in the process. Furthermore, the Christian firm alleges that the activist officials decided together on an expedited briefing schedule, which worked to circumvent a response to their actions from the state legislature.
Mat Staver is president of Liberty Counsel, which filed an amicus brief in the case. He says the brief argues that Oregon's marriage laws are constitutional, and adds that the actions of Oregon's attorney general, the local judge, and the ACLU amount to manipulation of the judicial process.
Mat Staver | |
"This sham litigation procedure that undermined the will of the people -- that was designed intentionally to destroy the marriage laws where the attorney general would not defend them properly -- needs to be sent back down for a full-blown, normal trial," Staver says. In effect, the brief accuses the state and county officials of collusion for political gain."That's not how the judicial system is supposed to operate," the Liberty Counsel spokesman says. "Government officials are supposed to vigorously defend the state laws, not intentionally undermine them, as they did in this particular case."
Staver believes the fact that state marriage laws are vulnerable to such attempts by government officials to manipulate the judicial process makes it apparent that a national remedy is called for. Under these circumstances, he notes, "It is even more important to have a constitutional amendment that says marriage is one man and one woman in all 50 states."
Liberty Counsel's brief requests that the Oregon Supreme Court send the case back to lower courts for a trial where evidence can be presented to defend traditional marriage laws. The brief contends that it is the job of the Oregon State Legislature to define marriage, and not the job of the state courts.
