Oregon’s Attorney General Says She Won’t Defend State’s Gay Marriage Ban Against Court Challenge

Rosenblum Oregon

Oregon's Attorney General will not defend the state's gay marriage ban against a court challenge, Bloomberg reports:

Attorney General Ellen Rosenblum said in a court filing today that state officials will continue to enforce the ban unless it’s overturned by the court, while taking the position that the law “cannot withstand a federal constitutional challenge under any standard of review.”

Two couples filed suit in October challenging the state's ban in addition to a separate lawsuit filed against it by Oregon United for Marriage.

Read the Attorney General's brief here.


  1. Ryan says

    Dude, we’re working on it. Washington didn’t have to undo a damn constitutional amendment. We’re about to submit the signatures to get the measure to undo it on the ballot, and then we’ll vote at the end of it year.

    Of course, if this suit succeeds, that won’t matter so much. But in any event, we’re moving forward! =)

  2. Francis says

    Washington is more progressive a state than Oregon is, so no surprise Washington is ahead of Oregon on this issue. Luckily, Oregon has two pathways to equality. Either the 9th Circuit or the voters. So Oregon should have equality sometime very soon.

    Thank you AG Rosenblum on supporting equality and dropping defense of this unconstitutional ban!

  3. Hey Darlin' says

    Why do the states have to continue to support a law they know is biased and unsupportable until there is a “challenge”. Seems they all know what they are doing is unconstitutional but they will continue to do it until a challenge occurs. In what other regard would a state willfully continue an unconstitutional act without correcting itself.

  4. says

    Just read the Oregon brief. Congratulations Oregon!

    State Defendants admit that performing same-sex marriages in Oregon would have no adverse effect on existing marriages, and that sexual orientation does not determine an individual’s capacity to establish a loving and enduring relationship.State Defendants likewise admit that domestic partnership registration confers many legal protections but not all of the rights, obligations, and privileges associated with marriage. ‘

    State Defendants will not defend the Oregon ban on same-sex marriage in this litigation. Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.

    For those interested.

Leave A Reply