Oregon AG will not defend the state’s same-sex marriage ban in court
Posted by AzBlueMeanie:
Oregon is the latest state to announce that it will not defend its same-sex marriage ban in court because it is unconstitutional in violation of the equal protection clause of the 14th Amendment. Lyle Denniston at SCOTUSblog.com reports, Oregon ends defense of marriage ban:
State officials in Oregon notified a federal court on Thursday that they will no longer defend the state’s ban on same-sex marriage, following similar switches by state officials in Nevada and Virginia. The Oregon filing (.pdf) came in one of two consolidated cases in Eugene challenging the state ban, which was imposed by voters in 2004.
The key statement in the new Oregon document, which was in the form of an Answer to one of the lawsuits, said state officials “will not defend the Oregon ban on same-sex marriage in this litigation. Rather, they will take the position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review.” The paragraph added, though, that they would continue to enforce the ban as a legal duty unless and until it were struck down in court. Officials had not made that statement in their response in December to the other case in the pair that are now being considered together.