No Animated GIFs Two couples file lawsuit to overturn Oregon's marriage ban

[Axxess]

Gay Couples File Federal Suit To Overturn Oregon Ban on Same-Sex Marriage


Opponents of Oregon's constitutional ban on same-sex marriage have filed a lawsuit in federal court today, asking a judge to overturn it.

The suit, filed in U.S. District Court in Eugene by Portland attorneys Lake Perriguey and Lea Ann Easton on behalf of two gay couples, seeks to have 2004's Measure 36 ruled unconstitutional. It names Gov. John Kitzhaber and Attorney General Ellen Rosenblum, as well as a few other officials, as defendants.

It argues that one couple—Deanna Geiger and Janine Nelson—should be able to legally marry. The other plaintiffs, Robert Deuhmig and William Griesar, were legally married in Vancouver, B.C., and wish to have their rights recognized in Oregon.

"We would like a federal district judge in Oregon to find that there is no rational, legitimate or compelling governmental interest that would allow Oregon's anti-gay constitutional amendment to stand," Perriguey says. "It will not withstand constitutional scrutiny."


Willamette Week

Oregon United for Marriage is currently collecting signatures to place a measure on the 2014 ballot to repeal the ban. The couples in this case believe that their lawsuit will yield the results they want faster than waiting for an election would. Considering how slow the courts move (especially with the government being shut down) I don't know if that would be true, but I wish them luck all the same.

You can read a copy of their complaint here.

 

[borg69unimatrix]

Good luck to them... I won't hold me breath waiting.

 

[AstareGod]

Considering how long Prop 8 lasted appeal after appeal, it may be a long time. Then again, they went straight to a federal court. I'm no lawyer, but will the federal court even have jurisdiction to hear a state case which would only affect Oregon?

It's about time we got the entire West Coast to have marriage equality.

 

[TickTockMan]

Whatever it takes. I would be so proud to be able to say Oregon has equal marriage.

 

[star-warrior]

The journey of a thousand miles begins with a single step.

Good luck and all the best on their endeavour.

 

[Axxess]

I'm no lawyer, but will the federal court even have jurisdiction to hear a state case which would only affect Oregon?

The couples are arguing that their rights granted by the U.S. constitution are being violated. So yes, the federal court has jurisdiction. It's the same thing that happened in the Proposition 8 case.

 

[Axxess]

Another one falls.

Oregon gay marriage ban struck down by federal judge; same-sex marriages begin


Oregon's ban on same-sex marriages was struck down Monday by U.S. District Judge Michael McShane, who ruled that the prohibition violated the federal constitutional rights of gays and lesbians.

Jubilant couples who anticipated a favorable decision from the judge began the rush to officially wed at locations around the state. McShane ordered that his ruling take immediate effect.

OregonLive

The opinion can be read here if you'd like.

I especially like the way he ended his ruling:

I know that many suggest we are going down a slippery slope that will have no moral boundaries. To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other ... and rise.

NOM's (the National Organization for Marriage, an anti-gay marriage group) appeal of the ruling was rejected by the 9th Circuit, and marriages have already commenced in the state.

 

[frankfrank]

Another one falls.

When the current stay in a neighboring state is overcome and voided, I'm waiting for the headline "Idaho Falls" LOL