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Oregon AG: ‘No rational justification’ for maintaining same-sex marriage ban

Thursday, March 20, 2014
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PORTLAND, Ore. — Oregon’s attorney general has told a federal court that she believes the state’s voter-approved ban on same-sex marriages violates the federal rights of gay and lesbian couples

Attorney General  Ellen Rosenblum (D-Ore.)

Attorney General Ellen Rosenblum (D-Ore.)

In a court filing Tuesday, Attorney General Ellen Rosenblum added that Oregon is “prepared to implement” same-sex marriages if a federal judge strikes down the ban.

Rosenblum announced last month that she would not defend the state’s same-sex marriage ban in court.

Two lawsuits alleging Oregon’s 2004 ban violates the U.S. Constitution have been consolidated. U.S. District Judge Michael McShane has scheduled April 23 oral arguments in the case.

The Oregonian reports that in a 35-page brief, Rosenblum says there is no rational justification for maintaining the gay marriage ban.

She also says that federal constitutional protections for same-sex couples have become clear since Oregon voters approved the ban.

“Because the same-sex marriage ban does not further the state’s interest in protecting and promoting families and actually damages that interest, there is no rational justification for maintaining the ban,” she wrote.

Follow the cases: Geiger v. Kitzhaber and Rummell and West v. Kitzhaber.

Associated Press contributed to this report.

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