OREGON COURT ARGUMENTS: From The Oregonian

Gay-rights advocates brought their appeal to the Oregon Supreme Court on Wednesday, urging the justices to order the 2005 Legislature to create civil unions for same-sex couples.

Despite the November passage of a ballot measure prohibiting same-sex marriage, they argued, the Oregon Constitution still requires the state to treat gay and lesbian couples equally by giving them the same rights and benefits of marriage even if the institution is off limits.

Supporters of Measure 36, which limited marriage to one man and one woman, countered that the passage of the constitutional amendment last month required the justices to dismiss the suit before them.

The original lawsuit sought the right to marry. Measure 36 took that off the table. The lawsuit is moot, said Kelly Clark, the lead attorney for Measure 36 supporters.

If gay-rights advocates want civil unions, Clark said, they need to file a new lawsuit or seek legislative approval like anyone else.

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