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Challenge to Oregon's Gay Marriage Ban Goes Before Judge This Week, Unopposed: VIDEO

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A challenge to Oregon's gay marriage ban goes before a federal judge this week and there are no parties opposing the challenge, the AP reports:

OregonOregon'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.

...For Oregon's ban, oral arguments are scheduled for Wednesday at U.S. District Court in Eugene.

The court is deciding two cases that have been consolidated. Portland attorneys Lake Perriguey and Lea Ann Easton filed a lawsuit in October on behalf of two women in a relationship for more than 30 years. Two months later, the American Civil Liberties Union and lawyers from two firms went to court on behalf of a lesbian couple and a gay couple.

McShane also happens to be gay.

Watch Oregonian reporter Jeff Mapes talk about his profile of the judge in a recent issue, and where he thinks the case will go, AFTER THE JUMP...

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Comments

  1. In this case where nobody is defending the ban and the defendant uses state resources to urge the gay judge to side with the gay plaintiffs, I'm on the edge of my seat wondering what the outcome is going to be.

    I hope the judge rules quickly; the suspense is killing me!

    Posted by: TKinSC | Apr 20, 2014 6:09:44 PM


  2. Tkinsc:
    If you are so concerned, why not do something to uphold the ban. Like stage a protest or do something extreme to get attention. Commenting here in a gay site is like preaching to the wrong choir.
    It is interesting that no one is defending it. It may mean the judge will issue a default judgement to lift the ban and no one will even appeal it.

    Posted by: simon | Apr 20, 2014 6:19:06 PM


  3. Why isn't the ADF putting up lawyers to defend the ban? Did the local Oregon crazies who sponsored the ballot measure not invite counsel to defend their position? Were they not allowed in the court because of standing issues?

    I've heard that it's always best to have "both" sides represented, even if one side is as egregious as the anti-marriage crew, because (the thinking goes) having opposing views represented makes the resulting judgment stronger if only because the judge can make a display of showing how wrong the wrong side is.

    Posted by: Glenn I | Apr 20, 2014 6:54:16 PM


  4. This is all about standing. ADF doesn't have standing to appeal, so what's the point of mounting a defense.

    Posted by: Keppler | Apr 20, 2014 8:34:17 PM


  5. The Prop 8 SCOTUS ruling that outside groups lacked standing seems to have scared off the crazies, for once...

    Posted by: Robert M. | Apr 20, 2014 8:43:34 PM


  6. Tkinsc:
    Sorry, I didn't mean to come off as a raging c*nt. I'm just having a really bad hair day.

    Posted by: SIMON | Apr 21, 2014 2:41:22 PM


  7. Tkinsc:
    Sorry, I didn't mean to come off as a raging c*nt. I'm just having a really bad hair day.

    Posted by: SIMON | Apr 21, 2014 2:41:26 PM


  8. Tkinsc:
    Sorry, I didn't mean to come off as a raging c*nt. I'm just having a really bad hair day.

    Posted by: SIMON | Apr 21, 2014 2:41:31 PM


  9. Tkinsc:
    Sorry, I didn't mean to come off as a raging c*nt. I'm just having a really bad hair day.

    Posted by: SIMON | Apr 21, 2014 2:41:57 PM


  10. Tkinsc:
    Sorry, I didn't mean to come off as a raging c*nt. I'm just having a really bad hair day.

    Posted by: SIMON | Apr 21, 2014 2:42:03 PM


  11. Simon:
    Apology accepted. (The fifth time you posted it convinced me.)

    Posted by: TKinSC | Apr 21, 2014 6:05:59 PM


  12. Simon:
    Apology accepted. (The fifth time you posted it convinced me.)

    And protests don't work on judges. (At least, one hopes they don't.)

    The Oregon Attorney General should do her job and defend the Oregon Constitution. The plaintiffs' attorneys are more than capable of making their case. If Oregon really has no plausible defense (and I think that's hardly the case), then the AG can bow out, but she shouldn't join the other side.

    Posted by: TKinSC | Apr 21, 2014 6:13:52 PM


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