Martinez v. Kulongoski

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, raising two overarching issues: (1) Did Measure 36 embody a “revision” to the constitution that could not originate from a voter initiative?…