In an unusually personal opinion, Oregon District Judge Michael McShane today held that the state’s ban on same-sex marriage is unconstitutional. Same-sex couples in Oregon, who expected the ruling and had already lined up at county clerks’ office, immediately began marrying. The state refused to defend the law, and the Ninth Circuit today rejected a last-ditch effort by the National Organization for Marriage to intervene, so it seems there will be no appeal. That makes Oregon the 18th state to recognize same-sex marriages.

Counting both federal and state court decisions, it’s the seventeenth consecutive judicial win for same-sex marriage advocates since the Supreme Court’s decision in United States v. Windsor last summer. Most of the federal court wins are on hold while appeals are pending.

Judge McShane held that Oregon’s state constitutional ban on same-sex marriage violates the Fourteenth Amendment’s Equal Protection Clause. In line with almost every court to review the issue, he rejected the argument that the ban was a form of sex discrimination. Instead he concluded that it constituted discrimination based on sexual orientation. Judge McShane avoided the question of heightened scrutiny and held that the law failed even rational-basis review, as several courts have now decided.

What really distinguishes the decision from many others is the unusually personal terms in which Judge McShane, who has a son and is in a same-sex relationship, concluded the opinion:

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/05/19/gay-marriage-in-oregon-no-appeal/

In 10 years this issue has really taken off. I'll say I honestly never expected this. I honestly didn't expect to see it in my lifetime.

I didn't expect things would move so quickly.

Oh my Great! Another state that I can get married in. It really complicates my wedding plan but I welcome this great news. Hope to see more and more happy gay couples. I really don't know what to do now.. Too many wedding venues to choose from..

It is not "where" but "who" you marry that counts.

Best regards,

RA1