Attorney General Ellen Rosenblum of Oregon filed a brief in Oregon's marriage equality case, Geiger v Kitzhaber, today. The brief indicates that the state agrees with the plaintiffs that Oregon's marriage equality ban is unconstitutional (and, violates equal protection and due process guarantees under the 14th Amendment to the US Constitution). Under the conclusions in the brief, she writes:
If this Court determines that Oregon's prohibition on same-sex marriage violates plaintiffs' rights under the federal constitution, the state is prepared to implement that ruling.
The brief is very thoughtful and quite persuasive, in my opinion (for what it's worth). So, I thought I would do a diary on it, and allow other kossacks to read the brief and get their opinions. More, including the brief, can be found
here at Equality on Trial.
The brief mentions a number of the recent marriage equality rulings including the ones from Utah, Oklahoma, and Texas. It also mentions Judge Walker's opinion in the Perry case in California. The AG seems to strongly suggest that the judge seriously consider Judge Walker's 80 Findings of Fact (after presiding over the two week trial).
The brief also mentions the SmithKline decision in the Ninth Circuit, and indicated that heightened scrutiny is the correct standard of review for the plaintiffs' equal protection claims. She notes that even though the Court's final mandate in that case has not yet been issued, she believes that part of the ruling would be upheld in any event.
Oral arguments in the case are scheduled for April 23, 2014. It appears that April will be a busy month in terms of marriage equality hearings.