Oregon marriage equality lawsuit begins today

The lawsuit challenging Oregon's marriage equality ban begins today as Federal Judge Michael McShane hears oral arguments at 1:30pm PST.

Of note in this lawsuit, both sides agree the ban should be struck down. The Oregon Attorney General Ellen Rosenblum has already stated that in her opinion the ban is unconstitutional on grounds of federal equal protection laws, and therefore won't defend the law. In light of that, the petitioners have asked the judge to issue a summary judgment immediately on the issue.

BUT - late Monday night, the anti-gay National Organization for Marriage (based in Washington, DC) filed a motion requesting to intervene in the case, simultaneously urging the judge to delay Wednesday’s oral arguments as he considers the last-minute motion. Judge McShane ruled that he will hear the petition on May 14th regarding whether or not NOM can defend the law, but oral arguments will proceed as planned today.

McShane says he won't make a ruling on the lawsuit until after NOM's hearing on May 14. But it's possible we could get a sense of how or what McShane is thinking by what he may or may not say today.

Backers of a gay marriage initiative would like to see the judge rule by May 23. If he strikes the law down before then, the proponents of the initiative say they won't have to take their measure to the November ballot.

But if NOM gets to intervene, there will need to be another hearing for them to present their "case" in the lawsuit.

The judge has no official time table that requires a deadline on his ruling. AND, he could decide to stay his ruling while seeing what happens in possible appeals

Stay tuned.

(source)