Geiger et al v. Kitzhaber et al

Filing 119

ORDER: Plaintiffs' Motion for Summary Judgment (23) and Motion for Summary Judgment (42) in case 6:13-cv-01834-MC; Granting Plaintiffs' Motion for Summary Judgment (31) in case 6:13-cv-02256-MC. Signed on 5/19/2014 by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DEANNA L. GEIGER and JANINE M.
NELSON; ROBERT DUEHMIG and
WILLIAM GRIESER,
Plaintiffs,
V.

, JOHN KITZHA:BER, in his official capacity
as Governor of Oregon; ELLEN
_ROSENBLUM, in her official"capacity as
Attorney General of Oregon; JENNIFER
WOODWARD, in her official capacity as
State Registrar, Center for Health Statistics,
'Oregon Health Authority, and RANDY
. WALRUFF, in his official capacity as
Multnomah County Assessor,
Defendants.

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Case No. 6:13-cv-01834-MC
(lead case)

ORDER

PAUL RUMMELL and BENJAMIN WEST;
LISA CHICKADONZ and CHRISTINE
TANNER; BASIC RIGHTS EDUCATION
FUND,

Case No. 6:13-cv-02256-MC
(trailing case)

Plaintiffs,
JOHN KITZHABER, in his official capacity
as Governor of Oregon; ELLEN
ROSENBLUM, in her official capacity as
Attorney General of Oregon; JENNIFER
WOODWARD, in her official capacity as
State Registrar, Center for Health Statistics,
Oregon Health Authority, and RANDY
WALRUFF, in his official capacity as
Multnornah County Assessor,
Defendants.

MCSHANE, Judge:

The Court, having considered the Plaintiffs' Motions for Summary Judgment
(ECF Nos. 23 and 42), the Defendants' Responses (ECF Nos. 48 and 64), the oral
arguments made by all parties on April23, 2014, and the briefs filed by amicus (ECF
Nos. 66, 70, and 79), GRANTS summary judgment in favor of Plaintiffs.
The Court finds that there is no legitimate state interest that would justify the
denial of the full and equal recognition, attendant rights, benefits, protections,_·
privileges, obligations, responsibilities, and immunities of marriage to same-gender
.. couples solely on the basis that those couples are of the same gender.
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NOW, THEREFORE,
The Court GRANTS the Motions for Summary Judgment (ECF Nos. 23 and 42)
filed by the plaintiffs in each of the consolidated cases.
The Court hereby DECLARES that Article 1S, section SA, of the Oregon
Constitution violates the Equal Protection Clause of the Fourteenth Amendmer:t to the
United States Constitution, and that as such it is void and unenforceable. Defendants
and their officers, agents, and employees are PERMANENTLY ENJOINED from
enforcing Article 1S, section SA, of the Oregon Constitution.
The Court also DECLARES that ORS 106.010, ORS 106.041(1), and ORS 106.1S0(1)
violate the Equal Protection Clause and are unenforceable to the extent that they would
prohibit a person from marrying another person of the same gender, or would deny
same-gender couples the right to marry with full and equal recognition, attendant
rights, benefits, privileges, obligations, responsibilities, and immunities of marriage,
where the couple would be otherwise qualified to marry under Oregon
law. Defendants and their officers, agents, and employees are PERMANENTLY
ENJOINED from enforcing or applying those statutes-or any other state or local law,
rule, regulation, or ordinance-as the basis to deny marriage to same~gender couples
otherwise qualified to marry in Oregon, or to deny married same-gender couples any of

3 -ORDER

the rights, benefits, privileges, obligations, responsibilities, and immunities that
accompany marriage in Oregon.
The Court DECLARES that the Equal Protection Clause requires recognition of
marriages of same-gender couples legally performed in other jurisdictions, where those
marriages are in all other respects valid under Oregon law, and that no state or local
law, rule, regulation, or ordinance can deny recognition of a same-gender couple's
marriage validly performed in another jurisdiction. The Court PERMANENTLY
ENJOINS Defendants and their officers, agents, and employees from denying that
recognition.
This Order shall be effective immediately upon filing.
IT IS SO ORDERED.

·a
DATED this ___Lz___th day ofMay, 2014.

L---

l____
.

Michael J. McShane
United States District Judge

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