U.S. District Court Judge Michael J. McShane for the U.S. District Court for Oregon struck down that state’s sane-sex marriage ban today. Same-sex marriages were allowed to proceed immediately this afternoon.
Lyle Denniston at SCOTUSblog.com reports, Oregon’s same-sex marriage ban nullified:
In a ruling that might never be tested in an appeal, a federal judge in Oregon at midday Monday ruled (.pdf) that the state’s ten-year-old ban on same-sex marriage is invalid under the federal Constitution. U.S. District Judge Michael J. McShane of Eugene did so by applying the most relaxed constitutional test.
The judge put his ruling into effect immediately, thus allowing county officials to begin issuing marriage licenses to same-sex couples, unless a higher court steps in to block it. It is not clear at this point that anyone has the legal right to pursue an appeal; state officials refused to defend the ban and, in fact, added their support to the challenge by four same-sex couples.
The only other entity that has come forward to provide a defense — the National Organization for Marriage, a strong opponent of same-sex marriage — was denied a role in the case by Judge McShane last Wednesday. It is now seeking to appeal that denial to the U.S. Court of Appeals for the Ninth Circuit, but — before Judge McShane issued his decision — the Ninth Circuit on Monday morning refused to postpone his denial of that group’s entry into the case.