In another win for equality advocates, Oregon has become the latest state where a federal judge has struck down the state's same-sex marriage ban as unconstitutional, and for once it's a state where officials will not choose to contest the ruling, meaning same-sex couples can get married immediately.
Oregon cannot bar same-sex couples from marrying, a federal judge ruled Monday.
“Because Oregon’s marriage laws discriminate on the basis of sexual orientation, the laws violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution,” U.S. District Court Judge Michael McShane wrote.
The ruling from McShane is the 12th federal trial court ruling since last summer’s Supreme Court ruling striking down the Defense of Marriage Act to find a state ban on same-sex couples’ marriages and/or on recognition of such marriages to be unconstitutional.
Two federal appeals courts, those in Denver and Richmond, already have heard appeals of challenges from three states, Utah, Oklahoma, and Virginia.
Unlike most of the other challenges, however, none of the government officials in Oregon plan to appeal McShane’s ruling. In McShane’s order, issued moments after his opinion was released shortly after noon PT, he stated that the order stopping enforcement of the ban is effective immediately. Although Oregon law has a three-day waiting period for issuing marriage licenses, there are exceptions to that waiting period that mean couples could marry on Monday.
Add another state to the growing list where same-sex marriage is 100% legal. It won't be long before that number is 50.
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