July 16, 2004
Court Of Appeals Refers Marriage Case To State Supremes
Higher Court Must Decide Whether To Take It
Today's Oregonian informs us that the legal fight over same-sex marriage in Oregon may be skipping a step:
The Oregon Court of Appeals on Thursday agreed to step aside and allow a lawsuit challenging the state's marriage law to go directly to the state Supreme Court.
However, the Oregon Supreme Court itself can choose either indeed to hear the case itself or to return it to the Court of Appeals.
According to the paper, supporters of same-sex marriage had wanted the appeals court to hear the case, believing that court would side with them -- giving them yet another stamp of approval before heading towards the state Supreme Court. Opponents, on the other hand, say they aren't surprised, but prefer not to see a Supreme Court ruling prior to the November election at which voters will decide the fate of the anti-marriage ballot measure
On that count, Basic Rights Oregon doesn't appear to believe a Supreme Court decision could be anywhere near that imminent: "If, however, the Supreme Court does take the case, proceedings could begin as soon as late summer or early fall. While it is difficult to speculate about the outcome or length of the case, it is likely that the case could take a year or more to resolve."
Comments (2)
Bob R. on 16 Jul 2004
In a perfect world, one of the contested gay marriage states (Oregon or California) would hopefully reach a pro-equality conclusion before Massachusetts settles the anti-out-of-state issue.
It would be priceless if Oregon determined same-sex-marriage to be allowable _before_ the ballot initiative.
Then, even though the initiative might easily pass, there would be a window of opportunity for Oregonians to travel to MA and get a completely uncontested marriage, then return to Oregon. This might give them more standing to sue if such an initiative passes. (On what grounds, precisely, I'm not sure, but it might help.)
- Bob
The One True b!X on 16 Jul 2004
I'm assuming that the only remaining grounds for appeal if the ballot measure passes is a violoation of equal protection under the Federal constitution.