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RandySF

(58,776 posts)
Mon Apr 21, 2014, 10:13 PM Apr 2014

Same sex marriage will soon be legal in Oregon.

NOTE: Based on what I am reading here, it looks like no one in Oregon will appeal a ruling that strikes down the ban.

SALEM, Ore. (AP) — The future of Oregon's ban on same-sex marriage goes before a federal judge this week, and while critics will argue that it unconstitutionally discriminates against gays and lesbians, there appears to be little support for it to be upheld.

Oregon's attorney general, Democrat Ellen Rosenblum, says the state's ban is legally indefensible. Her office filed a lengthy brief urging judge U.S. District Judge Michael McShane to throw it out. There have been no legal arguments submitted for upholding the ban.

Federal judges in five states have thrown out voter-approved bans on same-sex marriage on constitutional grounds since the U.S. Supreme Court struck down a portion of the federal Defense of Marriage Act last year, and many other challenges are pending....

Teresa Harke, a spokeswoman for Oregon Family Council, which opposes same-sex marriage, said the organization did not seek to get involved in the Oregon case or file a legal analysis because it does not have legal standing.



http://www.sfgate.com/news/article/Oregon-gay-marriage-ban-goes-to-court-this-week-5416188.php
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Same sex marriage will soon be legal in Oregon. (Original Post) RandySF Apr 2014 OP
Good, good. It will save us from an unnecessary vote... DreamGypsy Apr 2014 #1

DreamGypsy

(2,252 posts)
1. Good, good. It will save us from an unnecessary vote...
Mon Apr 21, 2014, 10:56 PM
Apr 2014

...this November.

From: A 2014 U.S. marriage equality timeline:

In January a federal Judge in Eugene consolidated two lawsuits that are challenging Oregon’s ban on same-sex marriage. With the consolidation of these cases, U.S. District Judge Michael J. McShane will be issuing a summary judgment on April 23, 2014, as to whether the ban on same-sex marriage in Oregon is actually constitutional.

This ruling is going to make a lot of difference in LGBTQ lives, especially for those that want to get married. Oregon already recognizes out of state same-sex marriages, so LGBTQ residents married elsewhere can at least obtain Oregon benefits. The fact of the matter, however, is that people should not have to travel to other states to gain legitimacy in getting married. Like heterosexual couples, marriage is a right that should be afforded to everyone regardless of their gender.

We are already in mid-April, so Judge McShane’s ruling will be coming shortly. So far in 2014 we’ve seen so much momentum in just a few short months that it’s worth charting out exactly what we’ve seen happen. We can see that there is a major shift with Judges with their rulings favoring marriage equality and recognizing the unconstitutionality of banning same-sex marriages.

It’s especially important here in Oregon to know how the courts are deciding, given that in just a few days we will have a ruling of our own. To see the general trend of other related rulings can be a good prediction of our own lawsuit. Federal judges have been making a point in siding with giving people equal rights rather than upholding institutionalized homophobia. Should we really we nervous for McShane’s ruling? Given the recent decisions we’ve seen across the U.S., I think that we should wait for McShane’s ruling with cautious optimism, rather than nail-biting trepidation.
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