Oregon’s “domestic partnership law” has been put on hold until a federal judge can determine if 12 counties, including Hood River, wrongfully rejected signatures on a referendum submitted by opponents.

On Friday, U.S. District Court Judge Michael Mosman blocked the civil-unions law from going into effect on Jan. 1. He will consider on Feb. 1 whether the rights of some voters were violated when their signatures were invalidated.

At issue is the fate of Referendum 303 that was thrown out by Oregon Secretary of State Bill Bradbury in fall 2007. He said the organization Concerned Oregonians had fallen 96 signatures short of the 55,179 needed to bring the issue before voters in November 2008.

The Alliance Defense Fund stepped forward on behalf of disenfranchised voters who had opposed House Bill 2007. The bill approved by the Legislature and signed into law by Gov. Ted Kulongoski grants gay couples the same benefits and rights that married residents receive.

ADF’s lawsuit contends the state and some local election agencies “unconstitutionally suppressed” the voice of voters. Attorneys argue that citizens should have been allowed to provide proof that a signature in question was theirs so that it could be counted.

Kim Haack, elections supervisor for Hood River County, said three signatures were rejected out of 21 on a petition filed locally. She said the county followed state protocol in comparing signatures selected in two random samplings against voter registration cards. She said if the writing didn’t match the card then the signature was rejected.

Two hundred and fifty-four signatures were rejected during the samplings of 3,033 signatures statewide.

ORS 250.105 states, “When verifying signatures for a state initiative or referendum petition, the county clerk shall identify on an elector voter registration record or other database that the elector signed the specific initiative or referendum petition.”

“Other database” appears to refer to Oregon’s new Centralized Voter Registration System, which is the only database that has voter records, according to Scott Moore, chief of communications for Bradbury’s office.

Haack said the law allows citizens to be contacted and asked to verify whether a questionable signature is theirs only on an election ballot.

“The rules are tighter for initiative petitions and state statute outlines what our authority is,” she said.

In addition to Hood River, these counties also rejected signatures and have been named as defendants in the lawsuit: Benton, Clackamas, Jackson, Josephine, Lane, Linn, Marion, Multnomah, Polk, Washington and Yamhill.

ADF attorneys said the constitutional duty of county clerks is to “make sure that every citizen’s voice counts.” The legal group said members of the electorate with rejected signatures should have been allowed to present proof that they had signed the petition.

According to ADF, the state has a 30-day window to verify signatures but Bradbury declared Referendum 303 to be invalid just 12 days after it was filed with his office.

Nine other states already have in place laws similar to HB 2007 that grant legal recognition to same-sex couples. Judge Mosman’s ruling doesn’t affect a companion Oregon law that goes into effect today and bans discrimination against gays in work, housing and public places.

If Oregon’s “domestic partnership law” is enacted, it will not be recognized by the federal government and will carry no legal authority in other states.

ADF contends the issue should be decided by voters who in 2004 rejected marriages between homosexuals.