Friday, February 21, 2014
Playing Dominos
There are presently two Federal lawsuits pending seeking to overturn Oregon's 2004 voter-approved ban on same-sex marriages. Since October of last year, in the wake of United States v. Windsor, Oregon has recognized such marriages performed in states where they are legal but has continued to refuse to allow them to be performed within the state.
Now, in one of the two pending lawsuits, state officials have announced that they will not defend the law but will continue to enforce it until there is an order striking down the provision:
Now, in one of the two pending lawsuits, state officials have announced that they will not defend the law but will continue to enforce it until there is an order striking down the provision:
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.Pretty soon the wingnuts will have to start importing heads from China to replace the ones that keep exploding.
