Oregon’s Gay Marriage Ban Won’t Survive Constitutional Challenge, Says Oregon Attorney General

Oregon Attorney General Ellen Rosenblum has announced that her office will not be defending the state’s ban on same-sex marriage in the pending litigation challenging it. Voters approved the constitutional amendment that banned same-sex marriage in the state in 2004. She said that the ban will continue to be enforced, as legally required, but stated in the summary judgment brief that the ban is unconstitutional under the U.S. Constitution.

Virginia Attorney General Mark Herring made a similar announcement last month. Courts in Virginia, Utah, and Oklahoma have struck down their state’s same-sex marriage bans. At least one case challenging a state marriage ban is expected to be heard and decided by the U.S. Supreme Court.

See Eyder Peralta, Oregon Won’t Defend State’s Ban on Gay Marriage, NPR, Feb. 20, 2014.

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.