As noted in Erin Lagesen's post from March 23, the Oregon Supreme Court has held that the section of the Oregon Motorist Information Act that imposes more of a burden on off-premises highway signs than on-premises highway signs amounts to a restriction on expression focusing on content per se and therefore violates Article I, section 8 of the Oregon Constitution. According to the majority, the "more difficult problem" presented by the case involves choosing a remedy. Should the court cure the statute's infirmity by imposing a burden on all highway signs, or on none? Either solution would produce a statute that does not discriminate on the basis on content. The court, imagining what the legislature would do in this situation, choose to "strike from the OMIA the permit and fee requirements for all outdoor advertising signs." The result of that choice could be two-fold. First, it could lead to a proliferation of outdoor highway advertising signs. Second, it could put Oregon out of compliance with the federal Highway Beautification Act, and, as a consequence, cause the federal government to withhold a significant amount of highway money from its current level of funding. Interestingly, a similar situation arose in Salem College & Academy, Inc. v. Emp. Div., 298 Or 471, 695 P2d 25 (1985), where the court held that imposing unemployment insurance taxes on schools run by one type of religion but not others violated the religion clauses of the Oregon Constitution. In that case, the constitutional infirmity could have been cured by taxing all religious schools or none. Taxing none risked the loss of federal funds. The court, imagining which remedy the legislature would have preferred, chose to tax all religious schools rather than lose federal funding -- the opposite outcome from the one in Outdoor Media Dimensions. Are the cases inconsistent? Has the need for federal funds diminished since 1985? Or is there some other distinction at work here?
It's strange to see though, that despite the fact that a lot of employees are gay, the visibility of LGBT commiments is low for most airlines.
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