Shotgun Debugging, Constitutional Law, and the Argument from Elegance

[maradydd]

As some of you know, I have a rather lengthy post in the works about the history of challenges to initiative amendments in California -- that is, constitutional amendments which are proposed by a petition of the people and decided by popular vote. It's 1500 words and counting, and will probably hit 3000 by the time it's done, but I wanted to make

Comments

[espvivisection]

I brought the debugging issue up to my prof in my sexual orientation/gender identity and the law class last week, and it turns out that it was as simple, in Oregon, as writing in one line at the constitutional level. It was something to the effect of, "Any state law, statute, case, or local ordinance that references marriage will now read to reference marriage and domestic partnerships." Seriously. Here they just wrote in " 'marriage' = 'marriage + domestic partnerships'" somewhere near th beginning of the code (i.e. into the definitions section of the state constitution) and that did it. And since she was one of the attorneys who lobbied it for herself and her partner of like 25 years, I suspect she knew what she was doing.

((Apparently there is a 'secret' cabal of fab attys who meet biweekly in the offices of one of the richy-rich firms in the state where a member is partner to plan their legislative and legal/judicial maneuvering. Oregon actually HAS a gay agenda.))

[espvivisection]

This is, by no means, intended to imply that I thin anything less than marriage is actually equal. Separate but equal is a sham. But this is what we have in Oregon right now.

[maradydd]

Reflecting on this a bit later, I realised that there's another reason (apart from the moral argument) that I find the Oregon solution adequate but non-ideal: indirectness is confusing, especially to the layman

[maradydd]

How does the OR amendment apply to rights and obligations that survive the termination of the relationship? Cf. Lowe v Broward Co (Florida), 766 So2d 1199.

[espvivisection]

According to ze professor, apparently those rights and obligations survive as well, but you have to live here to dissolve the arraignment -- my guess is this would put the Oregon judiciary in charge of post-disolution responsibilities. Unfortunately, one or the other move -- and goodbye full faith and credit.