Main | Tuesday, March 18, 2014

Oregon AG Files Brief: Ban Serves No Rational Purpose And Harms Citizens

Oregon Attorney General Ellen Rosenblum tonight filed a response brief in the same-sex marriage case, declaring, "The state defendants in this case recognize that the ban on same-sex marriage serves no rational purpose and harms Oregon citizens. This case presents that rare case in which there simply is no legal argument to be made in support of a state law." Last month Rosenblum announced that she would not defend the lawsuit.

Oregon United For Marriage reacts via press release: "We are literally counting down the days until all loving and committed couples in Oregon have the freedom to marry, and we are thrilled that the attorney general is on the right side of history. No one should be told it is illegal to marry the person they love. Freedom means freedom for everyone."

Later in the brief, Rosenblum says this: "Other state attorneys general and governors have reached similar conclusions about the defensibility of state laws, and responded by simply declining to appear in defense or withdrawing and joining forces with those challenging the laws. The Oregon state defendants believe it is more appropriate to remain as parties to this litigation to ensure that this Court has the benefit of the careful legal analysis that the state defendants have undertaken."

The lawsuit was filed in October 2013 by local attorneys on behalf of one unmarried Oregon couple and another couple who married in Canada. The suit is separate from the petition drive to place a repeal of the marriage ban on the ballot. That campaign has been put on hold pending the ruling in the lawsuit. Oral arguments in the lawsuit are scheduled for April 23rd.

Read today's brief in full at my Scribd account.

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