New York — Today Judge Michael McShane struck down Oregon's discriminatory state constitutional amendment that denies committed gay couples the freedom to marry, ruling that it violates the U.S. Constitution. The decision follows a last-minute attempt by the anti-gay group National Organization for Marriage ( NOM ) to intervene in Oregon's marriage case, a motion denied by Judge McShane.
Thalia Zepatos, director of public engagement at Freedom to Marry and a key adviser to Oregon United for Marriage, released the following statement:
"Today Judge McShane did the right thing for families, affirming that the denial of marriage to committed same-sex couples in Oregon is unconstitutional. In recognition of the strong support for marriage among Oregonians, no one with legal standing, including our state Attorney General, wanted to go down in history as defending discrimination. Across the country, the courts agree: same-sex couples and their families need the protections of marriage, and anti-marriage laws are indefensible. With over 70 marriage cases now making their way through the courts, today's decision in Oregon underscores that all of America is ready for the freedom to marry."
A poll by Oregon Public Broadcasting in late April found that 58% of Oregonians support the freedom to marry. The Oregon ruling is the latest in more than a dozen federal and state rulings in favor of the freedom to marry in recent months.
From Oregon United for Marriage:
Federal judge strikes down Oregon ban on marriage for same-sex couples
Today, U.S. District Court Judge Michael McShane ruled that Oregon's exclusion of same-sex couples from marriage is unconstitutional—paving the way for couples to begin marrying immediately.
The lawsuit alleged that Oregon's constitutional ban on marriage for lesbian and gay couples—Measure 36—violates the U.S. Constitution.
The consolidated case—Geiger v. Kitzhaber, filed on October 13, 2013, and Rummell v. Kitzhaber, filed on December 19, 2013—was argued on April 23, 2014. Attorneys Lake Perriguey (Law Works, LLC) and Lea Ann Easton (Dorsay & Easton, LLP), argued on behalf of plaintiff couples Deanna Geiger and Janine Nelson, and Robert Duehmig and William Griesar. Attorneys Rose Saxe and Amanda Goad (American Civil Liberties Union), Kevin Diaz (ACLU of Oregon), and volunteer counsel Misha Isaak and Tom Johnson (Perkins Coie, LLP), and Jennifer Middleton (Johnson, Johnson & Schaller, PC), argued on behalf of two additional couples—Paul Rummell and Ben West, and Chris Tanner and Lisa Chickadonz—and Basic Rights Education Fund.
"The importance of Judge McShane's decision cannot be overemphasized," said David Fidanque, executive director of the ACLU of Oregon. "Our federal Constitution does not allow any state — or its voters — to deny same sex couples equal protection under the law simply because of who they are and who they love. This type of discrimination is wrong and it's also unconstitutional."
"Our clients Deanna Geiger & Janine Nelson and Bob Duehig and Bill Griesar are grateful the Attorney General, Governor, Ms. Woodward and Mr. Walruff carefully considered their position and so clearly articulated Oregon's position that it values our relationships and commitments to each other and our families," said Lee Ann Easton, an attorney at Dorsay & Easton who, with co-counsel Lake Periguey, filed the Geiger case. "They are very pleased the District Court adopted their position along with the Rummell plaintiffs in his decision. With this advancement of civil rights, gay and lesbian Oregonians are now equal under the law."
"After years of working in every way possible way to bring the freedom to marry to Oregon, today is a historic day," said Vanessa Usui, board chair of Basic Rights Education Fund. "Starting with a ballot measure, and ultimately with this court victory, we have finally ensured that all loving, committed same-sex couples are free to marry in Oregon."
"Today's ruling acknowledges that Oregon same-sex couples are entitled to equal dignity under our Constitution," said Misha Isaak, who argued on behalf of the Rummell plaintiffs at the April 23 hearing and serves on Basic Rights Oregon's legal advisory group. "We are parents, siblings, neighbors, coworkers, and friends, just like our fellow Oregonians, and we have the same constitutional rights as our fellow Oregonians. Our loving, committed relationships are worthy of the state's equal recognition. Finally, they will get it."
"Today Oregon joins the increasing number of states in embracing the freedom to marry for all," said Rose Saxe, senior staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project. "This decision brings us one step closer to ensuring that all loving and committed couples will be able to take care of each other and their loved ones with the protections and dignity that only come through marriage."
The anti-marriage equality group National Organization for Marriage (NOM) attempted to intervene in the case just before the April 23 hearing. On May 14, Judge McShane denied their motion. NOM filed an appeal in the 9th Circuit Court of Appeals on May 19, and also requested an emergency stay of Judge McShane's ruling. The request for a stay was denied, but the appeal is still pending.
