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Urban policy -- Oregon -- Portland -- Periodicals, Portland (Or.) -- Politics and government -- Periodicals, Portland (Or.) -- Social conditions -- Periodicals


Measure 35: Amends constitution. Under current law, there is generally no limit on jury awards of non-economic damages to patient, patient's legal representative, or patient's spouse for injury caused for negligent or reckless injury caused by an Oregon health care provider or health care entity to $500,000. Defines non-economic damages to include pain; mental suffering; emotional distress; loss of society, companionship, services; loss of sexual relations; inconvenience; interference with normal and usual activities apart from employment. Specifies formula to adjust for inflation annually. Limitation applies regardless of extent of injuries, number of people entitled to damages, or number of defendants sued. Does not apply to wrongful death claims. Applies to suits filed after January 1, 2005

Measure 36: Amends the constitution. Oregon statutes currently provide that marriage is a civil contract entered into in person between individuals of the opposite sex, that is, between males and females at least 17 years of age who solemnize the marriage by declaring, “they take each other to be husband and wife.” The existing Oregon Constitution contains no provision governing marriage. Currently, the State of Oregon recognizes out-of-state marriages that are valid in the state where performed, unless the marriage violates a strong public policy of Oregon. Measure adds to Oregon Constitution a declaration that the policy of the State of Oregon and its political subdivisions is that “only a marriage between one man and one woman shall be valid or legally recognized as a marriage.”

Published in City Club of Portland Bulletin Vol. 86, No. 21

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