Gay Marriage | Michael McShane | News | Oregon

Judge Will Issue Ruling in Oregon Marriage Equality Case Tomorrow

U.S. District Judge Michael McShane has announced that he has made a decision in the constitutional challenge to Oregon's ban on same-sex marriage. He'll publish his ruling at noon tomorrow.

6a00d8341c730253ef01a511b8edce970cKGW reports:

If the ban is overturned, Oregon officials said the state is "ready to go" on issuing new same-sex marriage licenses.

A crowd of advocates is planning to gather at the Oregon United for Marriage Headquarters at 727 NE 24th Ave. at 11:30 a.m. to hear the judge's decision, said Peter Zuckerman, spokesman for OUM. Others are preparing to marry or renew their vows, depending on the outcome of the ruling. 

Last week, McShane denied efforts by the National Organization for Marriage to intervene in the federal challenge to the state's gay marriage ban. The state's Democratic Attorney General Ellen Rosenblum has publicy stated that the ban does not possess a "rational basis" and will not support it. 

Gay couples in Oregon could get married immediately after McShane's ruling tomorrow. Multnomah and Clackamas Counties are already prepared to issue marriage licenses to same-sex couples.

Stay tuned.

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  1. Fortunately, there is no party in the case (the State, county clerks, etc) who has indicated they will appeal if the Judge strikes down the marriage ban. That's lucky because any appeal goes to the Ninth Circuit, which WOULD almost definitely grant a stay -- just like the Ninth Circuit granted a stay last week of the Idaho court ruling. So if the Oregon federal judge throws out the marriage ban, marriages will occur based on a district court ruling with nothing from the Ninth Circuit (or the Supreme Court). Hooray.

    Posted by: MiddleoftheRoader | May 18, 2014 9:40:22 PM


  2. Judge McShane is openly gay. Does anyone see it going another way other than for marriage equality?

    Posted by: Rodrido | May 18, 2014 10:16:32 PM


  3. @RODRIDO: The judge will base his decision based on the facts presented to him in the case. If you read the transcripts and briefs, and look at recent precedent, it's hard to believe that any judge could conclude against equity in marriage. . .has nothing to do with the sexuality of the judge.

    Posted by: Garygdw | May 18, 2014 11:22:40 PM


  4. @ MiddleoftheRoader: The Ninth only issued a temporary stay to push back the judge's 9:00 AM Friday deadline while they consider the request for a full stay. Keep in mind in February the Ninth upped their review standards from rational basis to heightened scrutiny. That is why the Nevada AG & Gov decided to pull their support of the NV marriage ban that is currently before the 9th CCA.

    I would expect to see NOM still try to file an appeal, but they will have to first prove to the 9th CCA that they do have standing. This could be fun to watch!

    Posted by: AdamTh | May 19, 2014 12:02:13 AM


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