Oregon Joins The Ever-Growing List

[Mayhem]

Federal Judge Strikes Down Oregon's Gay Marriage Ban

http://www.huffingtonpost.com/2014/05/19/oregon-gay-marriage_n_5352809.html

A federal judge on Monday struck down Oregon's voter-approved ban on gay marriage, saying it is unconstitutional.

U.S. District Judge Michael McShane said the ban unconstitutionally discriminates against same-sex couples and ordered the state not to enforce it. State officials earlier refused to defend the constitutional ban in court.

McShane joined judges in seven other states who have struck down gay marriage bans, though appeals are underway.

Oregon state officials have said they'd be prepared to carry out same-sex marriages almost immediately, and couples lined up outside the county clerk's office in Portland in anticipation of the McShane's decision.

Laurie Brown and Julie Engbloom arrived early Monday at the Multnomah County Building to form the line for marriage licenses. The two have been a couple for 10 years. Engbloom proposed in April, when they celebrated their anniversary by climbing Smith Rock in Central Oregon.

"We always knew we wanted to spend our whole life together," Brown said. "This opportunity has come, it feels right, everything has fallen into place."

Four gay and lesbian couples brought the Oregon cases, arguing the state's marriage laws unconstitutionally discriminate against them and exclude them from a fundamental right to marriage.

Democratic Attorney General Ellen Rosenblum refused to defend the ban, saying there are no legal arguments that could support it in light of decisions last year by the U.S. Supreme Court. She sided with the couples, asking the judge to overturn the ban, and says she won't appeal.

The judge denied a request by the National Organization for Marriage to defend the law on behalf of its Oregon members. A panel of the 9th U.S. Circuit Court of Appeals on Monday refused the group's request for an emergency stay of that decision, allowing same-sex marriages to proceed.

Gay rights groups previously said they've collected enough signatures to force a statewide vote on gay marriage in November. But they said they would discard the signatures and drop their campaign if the court rules in their favor by May 23.

The U.S. Supreme Court last year struck down the 1996 Defense of Marriage Act, which barred the federal government from recognizing same-sex marriage. It determined the law improperly deprived gay couples of due process.

In addition to Oregon, federal or state judges in Idaho, Oklahoma, Virginia, Michigan, Texas, Utah and Arkansas recently have found state same-sex marriage bans to be unconstitutional. Judges also have ordered Kentucky, Ohio and Tennessee to recognize same-sex marriages from other states.

But opposition remains stiff in many places. Critics note most states still do not allow gay marriage and that in most of those that do, it was the work of courts or legislatures, not the will of the people.

Oregon law has long prohibited same-sex marriage, and voters added the ban to the state constitution in 2004. The decision, approved by 57 percent of voters, came months after Multnomah County briefly issued marriage licenses to same-sex couples. Multnomah is the state's largest county and includes Portland.

About 3,000 gay couples were allowed to marry before a judge halted the practice. The Oregon Supreme Court later invalidated the marriages.

 

[Jagger69]

Dominoes falling. More to come.

When you see Texas join the ranks, you'll know the issue is decided once and for all.

 

[BlkHawk]

Dominoes falling. More to come.

When you see Texas join the ranks, you'll know the issue is decided once and for all.

I sort of expect to see armed rebellion at that point. Not the entire state mind you, just some of the ultra conservatives.

 

[Rattrap]

About fucking time. It's been embarrassing to my state that it a) passed the shit in the first place and b) didn't immediately repeal it, especially when the other states started. But hey, better late than never.

Now Washington is only marginally cooler! Ha!

 

[knowone]

Breaking news Pennsylvania gets added to the list of states that allow gay marriage.

 

[The Yak]

Dominoes falling. More to come.

When you see Texas join the ranks, you'll know the issue is decided once and for all.

Already happened.

http://www.cnn.com/2014/02/26/politics/texas-same-sex/

 

[Jagger69]

Already happened.

http://www.cnn.com/2014/02/26/politics/texas-same-sex/

:eek: NOOOOOO!!!!!! :eek:

Hell freezes over!!!!

 

[bobjustbob]

:eek: NOOOOOO!!!!!! :eekHell freezes over!!!!

Oh, hell yea. What was forgotten is that NJ did the same thing months ago. The Fat Man put in a stay and the courts rejected it. Christie won't fight it and so it goes here in the Garden State. Jagger, we are now allowed to be married. Recognized in NJ and Texas. I hope your family likes me.

 

[Jagger69]

Yeah well I feel like a chump since The Yak trumped me on news from my own state. Goddamned conservative media must have buried this story here in the Lone Star State! :1orglaugh

 

[Ace Boobtoucher]

This judicial legislation bullshit needs to stop. Not just on this issue, but everything from abortion to citizens united. Let the people vote on what they want or better yet, stay out of the marriage circus all together.

People don't get riled up in the U.K. over hot button topics like abortion because they actually put it to a vote. When democracy is bypassed by asshats in robes, people become justifiably angry. Look what happened to the Iowa Supreme Court after they overstepped their bounds on gay marriage. They have elected justices there and even the ones who ran unopposed were ousted in the next election cycle because of their shitty activism.

 

[Jagger69]

It's not judicial legislation, Johnny. The existing laws have been interpreted to be unconstitutional. The only way they can be changed is for the constitution to be changed. So, if you're suggesting that an amendment be presented to change the constitution (it would have be be an amendment similar to prohibition....one that officially defines marriage as the union between a man and a woman and specifically prohibits American citizens that are lesbians and gays from marrying), then so be it. Until or unless that happens, nothing will stop these dominoes from continuing to fall. I suggest you write to your congressman.

 

[wdoall]

as long as there are religions that accept it and are willing to perform same sex marriages according to the first amendment to the Constitution you can't deny that. Currently I know of two the Episcopal and the Lutherans who are open to it

 

[zeeblofowl_1969]

as long as there are religions that accept it and are willing to perform same sex marriages according to the first amendment to the Constitution you can't deny that. Currently I know of two the Episcopal and the Lutherans who are open to it

You don't need to involve any religious group at all just go to your local courthouse and be done with it.
Leave the goddies to their hate mongering and intolerance. If we ignore them maybe they will go away.

 

[MustBeGood]

This judicial legislation bullshit needs to stop. Not just on this issue, but everything from abortion to citizens united. Let the people vote on what they want or better yet, stay out of the marriage circus all together.

People don't get riled up in the U.K. over hot button topics like abortion because they actually put it to a vote. When democracy is bypassed by asshats in robes, people become justifiably angry. Look what happened to the Iowa Supreme Court after they overstepped their bounds on gay marriage. They have elected justices there and even the ones who ran unopposed were ousted in the next election cycle because of their shitty activism.

Agree with the vicious cycle through elections.

My main thing is keeping tradition without my views like your abortion point where if we believe in freedom of choice should not have a factions getting their way by voting either party to tip the SC. And like you said, again,

 

[Jagger69]

Agree with the vicious cycle through elections.

My main thing is keeping tradition without my views like your abortion point where if we believe in freedom of choice should not have a factions getting their way by voting either party to tip the SC. And like you said, again,

We have elected justices in Texas too but just because you don't like the constitution doesn't mean that you can alter it just by changing the people wearing the robes. That has to be done through the amending process. I believe that it is a factual statement to say that the SCOTUS is predominantly conservative and yet they found the conviction to set aside what some of their personal beliefs might be in order to uphold the constitution. It's the absolute antithesis of legislating from the bench. On the contrary, it's the ultimate example of interpreting the laws as they apply to the tenets of the constitution....and that's exactly what the judicial branch is supposed to do.

 

[MustBeGood]

We have elected justices in Texas too but just because you don't like the constitution doesn't mean that you can alter it just by changing the people wearing the robes. That has to be done through the amending process. I believe that it is a factual statement to say that the SCOTUS is predominantly conservative and yet they found the conviction to set aside what some of their personal beliefs might be in order to uphold the constitution. It's the absolute antithesis of legislating from the bench. On the contrary, it's the ultimate example of interpreting the laws as they apply to the tenets of the constitution....and that's exactly what the judicial branch is supposed to do.

Like what John Roberts did as the deciding vote that the ACA was not a tax for the ones who did not purchase any type of health care insurance.

 

[Jagger69]

Like what John Roberts did as the deciding vote that the ACA was not a tax for the ones who did not purchase any type of health care insurance.

Exactly.

 

[BingoTheDingo]

I don't really see what the problem is, it's not like it's causing me problems or anything. Just as my dad used to say; "If my neighbor wants to stuff a rolling pin up his ass, who am I to object or judge if it doesn't cause me problems?"

 

[knowone]

In Wisconsin a Federal Judge just struck down their ban on same sex weddings. That's 17 states now.

 

[knowone]

I miss typed the above post, it's 27 states now.

- - - Updated - - -

I miss typed the above post, it's 27 states now.

- - - Updated - - -

I miss typed the above post, it's 27 states now.