For a change, it’s nice to blog about GOOD news.
From Oregon’s junior senator minutes ago
Oregon marks the 13th win in a row for Gay Marriage rights.
Federal Judge Strikes Down Oregon Same-Sex Marriage Ban, Weddings Can Start Immediately
Chris Geidner / BuzzFeedState officials have said they will not appeal the ruling. Judge’s order is effective immediately.
WASHINGTON — 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….
Thus far not a lot of grumbling from the hateyphobes and the fake Christians. Here is the actual ruling in a nutshell:
The plaintiffs include four Oregon couples seeking marriage in Multnomah County. Although they meet the legal requirements of civil marriage in all other respects, their requests for marriage licenses have been or would be denied because each couple is of the same gender. I am asked to consider whether the state’s constitutional and statutory provisions (“marriage laws”) that limit civil marriage to “one man and one woman” violate the United States Constitution. Because Oregon’s marriage laws discriminate on the basis of sexual orientation without a rational relationship to any legitimate government interest, the laws violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
From Facebook
This is from Judge McShane’s ruling, and I’d link, but it is from the Oregonian, who are notorious for killing their links and news stories, so linking to their document is pointless. Sorry, Oregonian — y0u continue to circle the drain.
Equality California sends congratulations
And here is the order [emphasis added]:
MCSHANE, Judge:
Case No. 6:13-cv-02256-MC
The Court, having considered the Plaintiffs’ Motions for Summary Judgment (ECF Nos. 23 and 42), the Defendants’ Responses (ECF Nos. 48 and 64), the oral arguments made by all parties on April 23, 2014, and the briefs filed by amicus (ECF Nos. 66, 70, and 79), GRANTS summary judgment in favor of Plaintiffs. The Court finds that there is no legitimate state interest that would justify the denial of the full and equal recognition, attendant rights, benefits, protections,_· privileges, obligations, responsibilities, and immunities of marriage to same-gender .. couples solely on the basis that those couples are of the same gender.
NOW, THEREFORE,
The Court GRANTS the Motions for Summary Judgment (ECF Nos. 23 and 42) filed by the plaintiffs in each of the consolidated cases.
The Court hereby DECLARES that Article 1S, section SA, of the Oregon Constitution violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and that as such it is void and unenforceable. Defendants and their officers, agents, and employees are PERMANENTLY ENJOINED from enforcing Article 1S, section SA, of the Oregon Constitution.
The Court also DECLARES that ORS 106.010, ORS 106.041(1), and ORS 106.1S0(1) violate the Equal Protection Clause and are unenforceable to the extent that they would prohibit a person from marrying another person of the same gender, or would deny same-gender couples the right to marry with full and equal recognition, attendant rights, benefits, privileges, obligations, responsibilities, and immunities of marriage, where the couple would be otherwise qualified to marry under Oregon law. Defendants and their officers, agents, and employees are PERMANENTLY ENJOINED from enforcing or applying those statutes-or any other state or local law, rule, regulation, or ordinance-as the basis to deny marriage to same~gender couples otherwise qualified to marry in Oregon, or to deny married same-gender couples any of Case 6:13-cv-01834-MC Document 119 Filed 05/19/14 Page 3 of 4 Page ID#: 1402 the rights, benefits, privileges, obligations, responsibilities, and immunities that accompany marriage in Oregon.
The Court DECLARES that the Equal Protection Clause requires recognition of marriages of same-gender couples legally performed in other jurisdictions, where those marriages are in all other respects valid under Oregon law, and that no state or local law, rule, regulation, or ordinance can deny recognition of a same-gender couple’s marriage validly performed in another jurisdiction. The Court PERMANENTLY ENJOINS Defendants and their officers, agents, and employees from denying that recognition.
This Order shall be effective immediately upon filing.
IT IS SO ORDERED.
DATED this 19th day of May, 2014.
Thus does thousands of years of the edifice of homophobia-enshrined-into- law crumble and fall.
Dinosaurs at their extinction event
That which seems so obvious to us now (in the clear language of the 14th Amendment) was obscured before this. An odd epistemological conundrum to contemplate.
Courage.
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A writer, published author, novelist, literary critic and political observer for a quarter of a quarter-century more than a quarter-century, Hart Williams has lived in the American West for his entire life. Having grown up in Wyoming, Kansas and New Mexico, a survivor of Texas and a veteran of Hollywood, Mr. Williams currently lives in Oregon, along with an astonishing amount of pollen. He has a lively blog His Vorpal Sword. This is cross-posted from his blog.
A writer, published author, novelist, literary critic and political observer for a quarter of a quarter-century more than a quarter-century, Hart Williams has lived in the American West for his entire life. Having grown up in Wyoming, Kansas and New Mexico, a survivor of Texas and a veteran of Hollywood, Mr. Williams currently lives in Oregon, along with an astonishing amount of pollen. He has a lively blog, His Vorpal Sword (no spaces) dot com.