The National Organization for Marriage complained in a new legal brief that the state's already rewritten marriage-license forms to make them gender-neutral demonstrates why the group opposing gay marriage should be allowed to intervene in the case to defend the constitutional provision against same-sex marriage, according to OregonLive.com.
U.S. District Judge Michael McShane may strike down Oregon's constitutional provision limiting marriage to one man and one woman in the constitutional provision against same-sex marriage approved by voters 10 years ago, OregonLive.com reported.
McShane will hold oral arguments in his Eugene courtroom on Wednesday to discuss whether the National Organization for Marriage should be allowed to intervene in the case to defend the constitutional provision against same-sex marriage, which was approved by voters 10 years ago, according to OregonLive.com.
Rosenblum has declined to defend the law, passed as Ballot Measure 36, on the grounds it runs afoul of federal equal rights protections, OregonLive.com reported.
Federal judges in several other states have ruled that the U.S. Supreme Court's decision last year striking down key parts of the federal Defense of Marriage Act negates a number of state laws prohibiting gay and lesbian couples from marrying, according to OregonLive.com.
NOM has fought same-sex marriage laws around the country and on Friday rejected legal arguments made by Rosenblum and the plaintiffs arguing that the group shouldn't be allowed to intervene, OregonLive.com reported.
The NOM brief said that while Rosenblum made clear on Feb. 20 that she wouldn't defend the law, it wasn't until March 18 "that the full depth of her dereliction of duty became apparent," according to OregonLive.com. Rosenblum charged the group filed unreasonably late in the case and doesn't have standing to substitute its judgment for the "chief law officer's conclusions."
The organization also charged that Rosenblum "disparagingly characterized Oregon's citizens who voted in favor of Oregon's marriage amendment" when she said those voters wanted to "to enshrine in the state constitution a belief that same-sex couples are disfavored,"OregonLive.com reported.
NOM said its concern about intervening was also heightened in April when it learned that State Registrar Jennifer Woodward had notified county clerks that the state was ready to immediately provide new forms recognizing same-sex marriage if the judge struck down Oregon's ban, according to OregonLive.com.
The group has said it wants to intervene in part to be able to appeal any decision allowing gay marriages in Oregon, OregonLive.com reported. Rosenblum and the plaintiffs have argued that NOM would not have any right to appeal even if it was allowed to intervene.
