Oregon, USA: Federal Judge Says State’s Ban on Marriage Equality Unconstitutional

Written by scott on April 26th, 2013

Portland SkylineAdding fuel to the fire in Oregon’s effort to repeal its gay marriage ban, a federal judge ruled Wednesday that the ban violates the U.S. Constitution. On Top Magazine reports:

“Under rational basis review, Measure 36 does not pass constitutional muster,” Judge Harry Pregerson wrote in his ruling. “Here, Oregon does not state any reason for preventing same-sex couples from marrying. While other possible objectives for Measure 36 exist, I can see no objective that is rationally related to banning same-sex marriages, other than the objective of denigrating homosexual relationships. This objective amounts to a desire to harm a minority and is therefore impermissible under [Supreme Court cases] Romer and Cleburne. … Thus, Measure 36 reveals itself to be ‘wholly without any rational basis’ and is therefore unconstitutional.”

One by one, these bans will come falling down, because there’s no rational basis to support them.

Find more articles and gay wedding resources in Oregon.


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