On Monday, a federal judge threw out Oregon’s ban on same-sex marriage, on the basis that the state’s marriage laws violate the Equal Protection Clause of the 14th Amendment. The judge put his ruling into effect immediately, and couples began marrying across Oregon immediately after that, having lined up outside courthouses around the state in anticipation of the ruling. This makes 18 states, plus the District of Columbia, to include same-sex couples within their marriage rights.
A decade ago, in March of 2004, Multnomah County began issuing marriage licenses to same-sex couples, and more than 3,000 couples were married before a judge halted the process. The Oregon Supreme Court later nullified the marriages, and in November of that year, voters approved a constitutional amendment banning same-sex marriage. As for Monday’s decision, the state attorney general announced in February that she wouldn’t defend the ban in court and has no plan to appeal the new ruling, and the ironically named National Organization for Marriage was denied a chance to have a say in the case. It looks like this one is a keeper.
Also on Monday, a federal judge ordered that Utah recognize 1,200 same-sex marriages performed after the state’s same-sex marriage ban was overturned, but before the U.S. Supreme Court issued a stay on the original ruling. That ruling (the ruling to overturn — I know, it gets confusing, like a string of double negatives) continues to hang in limbo pending appeal, but Monday’s ruling provides the couples with “all the protections, benefits, and responsibilities given to all marriages under Utah law” — pending a 21-day hold to give the state time to appeal, because of course.
These come just two days after the International Day Against Homophobia May 17. Monday was a big day for love.
Elsewhere in the U.S.:
– A judge in Arkansas overturned the state’s ban on gay marriage this month, and 450 marriage licenses were issued before the state Supreme Court issued a stay a week later while the decision is appealed by the state attorney general.
– Appeals courts are currently hearing challenges to overturning of same-sex marriage bans in Idaho, Ohio, Oklahoma, Texas, Utah, and Virginia. (Virginia’s attorney general had said he wouldn’t appeal the ruling, but an appeal was filed by a county clerk on behalf of her fellow clerks and thus had to be pursued.)
– Same-sex marriage was ruled legal in Michigan on March 21, and more than 300 couples were married the next day. A stay was issued that same day and has been extended indefinitely. However, the U.S. attorney general has said that the federal government will recognize the marriages performed that day, regardless of how long Michigan takes to get its act together.
– Lawsuits challenging same-sex marriage bans are pending in Alabama, Alaska, Arizona, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, Nevada, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, Wisconsin, and Wyoming. Leaving only Montana and the Dakotas to get it together and catch up.