Ecumenical Ministries v. Oregon State Lottery Commission

*554GRABER, J.

In this case, we are called on to decide the constitutionality of three statutes relating to the operation of the State Lottery — ORS 461.215, 461.217, and 461.5461 — under the present version of Article XV, section 4, of the Oregon Constitution. As originally adopted in 1857, Article XV, section 4, provided:

“Lotteries, and the sale of Lottery tickets, for any purpose whatever, are prohibited, and the Legislative Assembly shall prevent the same by penal laws.”2

In 1976, the voters adopted an amendment, which had been submitted to them by the Legislative Assembly, excepting…