Oregon Public Broadcasting

This week was supposed to be a joyous one for hundreds of gay couples across Oregon.  Last May Governor Ted Kulongoski signed House Bill 2007, part of the Oregon Family Fairness Act, into law.

The law grants the same rights and privileges to same sex couples that are offered to married couples.  But a federal judge approved a motion last Friday to stop the law from taking effect.

Another hearing is set for February 1st.  As Andrew Theen reports, until then some gay couples can only hope for the best.

Donna Taylor had the date circled in her calendar.  Come January 2nd, Taylor and her partner of 35 years, Paula Kratz would leave their Ashland home for the Jackson County Clerks' office in Medford.

There, they would register as domestic partners with their daughter and grandchildren in tow.  They would arrive at 9 o'clock sharp, just as the courthouse doors opened.

Then Taylor checked her email Friday evening.  For Taylor the news wasn't good.

Donna Taylor: "Shocked.  Disappointed.  Really heartbroken that at the very last minute this decision was made."

Just three days before the law went into effect, U.S. District Court Judge Michael Mosman issued a temporary injunction -- meaning no  domestic partnerships after all.

The Arizona-based Alliance Defense Fund filed a lawsuit in December to stop the law from taking effect. And last Friday, Mosman approved the temporary injunction, essentially saying the state was denying a fundamental right by throwing out signatures without a review process.

Petitioners fell just 96 valid signatures short of getting the referendum on the ballot. But throwing out signatures doesn't bother Basic Rights attorney Margaret Olney.

Margaret Olney: "Not all election laws are entitled to strict scrutiny just because they implicate the right to vote."

Olney filed a motion to become a party in the case.  She says signing a petition isn't the same as voting in an election, and she disagrees with Mosman's contention that it might be.

Margaret Olney: "There's a very limited set of election laws that are subject to strict scrutiny which is the statement the court suggests applied."

But Alliance Defense Fund attorney Dale Schowengerdt disagrees.  He is worried that Basic Rights may delay the hearing with its motion.  He says his group "will probably oppose" the BRO move.

For Donna Taylor, the ruling means a longer wait for recognition.  She says although she and her partner Paula Kratz share a deep history and a committed relationship, they aren't offered the same rights as married couples.

Donna Taylor: "The difference here is that we would've had some real rights.  Some means to protect one another, in sickness.  Some means to protect one another in the future after one of us dies."

Taylor was in a car accident a decade ago, and she says doctors at the hospital "refused to interact" with her partner.  Taylor said she has countless examples of similar stories.

Taylor admits she is concerned about the outcome of next month's hearing, but she says she's hopeful.