Follow breaking news @lgbtqnation

Oregon AG says she will not defend state’s gay marriage ban in court

Thursday, February 20, 2014

SALEM, Ore. — Oregon Attorney General Ellen Rosenblum said Thursday that she will not defend the state’s ban on same-sex marriage, saying it “cannot withstand a federal constitutional challenge under any standard of review.”

Ellen Rosenblum

Ellen Rosenblum

Rosenblum’s decision was contained in a brief filed in U.S. District Court in Eugene, where two legal challenges to the state’s 2004 voter-approved constitutional ban on same-sex marriage are pending, reported The Oregonian.

On January 22, 2014, U.S. District Judge Michael McShane consolidated the two lawsuits – one filed in October 2013, and the other in December 2013 – and scheduled oral arguments for April 23, 2014.

Rosenblum’s action means that plaintiffs in both suits — who include four same-sex couples — and the main defendant in the case oppose the ban as unconstitutional.

Last year, Rosenblum signed on to U.S. Supreme Court briefs arguing it was unconstitutional to deny gay and lesbian couples the right to marry.

Attorneys general in five other states — Virginia, Pennsylvania, California, Illinois and Nevada — have also declined to defend same-sex marriage bans against lawsuits filed by gay couples, while a sixth, in New Mexico, challenged longstanding legal interpretations that said such unions were impermissible there. The AGs are all Democrats.

Attorneys involved in the Oregon case have previously said the judge could issue a ruling as early as late spring or summer.

In addition to the legal challenge, the advocacy group Oregon United For Marriage is working to put an initiative on the ballot in November 2014 that would replace the state’s constitutional ban with language granting all persons the right to marry without respect to gender.

The group said in December it had already collected the minimum of 116,284 required signatures to qualify for the ballot, but that it was continuing to collect more.

Share this article with your friends and followers:

Archives: , , , ,

Filed under: Oregon

24 more reader comments:

  1. Yes, Oregon! It’s finally time for my home state to legalize marriage equality! It’s been a long time coming!

    Posted on Thursday, February 20, 2014 at 6:39pm
  2. Yay!

    Posted on Thursday, February 20, 2014 at 6:39pm
  3. Awesome!

    Posted on Thursday, February 20, 2014 at 6:39pm
  4. Finally yay

    Posted on Thursday, February 20, 2014 at 6:40pm
  5. Proving that she DOES NOT support hate!!!

    Posted on Thursday, February 20, 2014 at 6:41pm
  6. Hopefully Oregon will pass it!! Am ready to marry to my handsome!!

    Posted on Thursday, February 20, 2014 at 6:43pm
  7. I love my state.

    Posted on Thursday, February 20, 2014 at 6:43pm
  8. What continues to flummox me is that OR voted to ban same sex marriage in the first place.

    Posted on Thursday, February 20, 2014 at 6:50pm
  9. go my state

    Posted on Thursday, February 20, 2014 at 6:53pm
  10. Good news!

    Posted on Thursday, February 20, 2014 at 6:59pm
  11. “You gotta give ‘em hope!” – Harvey Milk <3 :)

    Posted on Thursday, February 20, 2014 at 7:01pm
  12. She needs to be removed from office for not doing her job.

    Posted on Thursday, February 20, 2014 at 7:03pm
  13. This same thing is happening in PA now, too. “No defense” by our state AG.

    Posted on Thursday, February 20, 2014 at 7:03pm
  14. Posted on Thursday, February 20, 2014 at 7:07pm
  15. Oregon USED to be really cool – what happened that this is even occurring?

    Posted on Thursday, February 20, 2014 at 7:11pm
  16. She just knows no lesbian would want to marry her and she is jealous

    Posted on Thursday, February 20, 2014 at 7:19pm
  17. read the article stupid she is not going to fight it!!!!!

    Replied on Thursday, February 20, 2014 at 7:25pm
  18. Fuck u cunt

    Posted on Thursday, February 20, 2014 at 7:20pm
  19. Read it stupid ass she will not fight it!!!

    Replied on Thursday, February 20, 2014 at 7:27pm
  20. #werk

    Posted on Thursday, February 20, 2014 at 7:27pm
  21. Good now let’s get this done

    Posted on Thursday, February 20, 2014 at 7:33pm
  22. I don’t know who you 2 are talking to, but it sure as hell better not be me

    Posted on Thursday, February 20, 2014 at 7:37pm
  23. Dayna, maybe you should read the article before throwing around insults.

    Replied on Thursday, February 20, 2014 at 7:42pm
  24. Good!

    Posted on Thursday, February 20, 2014 at 7:40pm