Main | Wednesday, April 23, 2014

OREGON: Marriage Case Begins Today

At 1:30PM today local time, openly gay federal Judge Michael McShane will hear opening arguments in Oregon's marriage equality case. But there won't be any actual arguing, because both the state and the plaintiffs agree that the gay marriage ban should be overturned. Here's what could happen:
McShane says he won't rule on the case itself until at least after he holds the May 14 hearing on the motion to intervene [By NOM]. Backers of a gay marriage initiative are urging the judge to rule by May 23. If he strikes the law down before then, sponsors of the initiative say they won't have to take their measure to the November ballot. However, McShane is under no deadline to rule. If the judge allows the National Organization for Marriage to intervene, it's doubtful there would be any quick ruling. Also, the group presumably would then have the legal standing to appeal any decision striking down Oregon's prohibition. In addition, McShane could decide on his own to stay his ruling while seeing how the appellate courts rule.
Oregon or Pennsylvania? Who will be next?

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