University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Rummell v. Kitzhaber PB-OR-0005
Docket / Court 6:13-CV-02256 ( D. Or. )
State/Territory Oregon
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization ACLU Chapters (any)
Case Summary
On December 19, 2013, two same-sex couples residing in Oregon who wished to have a state-recognized marriage filed a lawsuit in the District of Oregon U.S. District Court under 42 U.S.C. § 1983 against the state of Oregon. The plaintiff was represented by attorneys from the American Civil ... read more >
On December 19, 2013, two same-sex couples residing in Oregon who wished to have a state-recognized marriage filed a lawsuit in the District of Oregon U.S. District Court under 42 U.S.C. § 1983 against the state of Oregon. The plaintiff was represented by attorneys from the American Civil Liberties Union (ACLU) and asked the court to declare that Oregon laws banning same-sex marriage were unconstitutional, issue a permanent injunction requiring the state to grant to same-sex couples the same full and equal recognition, rights, and privileges given to different-sex couples, recognize out-of-state same-sex marriages, and award the plaintiffs costs of suit and reasonable attorneys' fees.

The plaintiffs claimed that by prohibiting residents from entering into a same-sex marriage, and by refusing to recognize legal same-sex marriages that took place out-of-state, the state of Oregon was violating the plaintiffs constitutional rights under the Due Process and Equal Protection Clauses. They also allege that the ban injures them by denying them medical and government benefits available to married same-sex couples, as well as interfering with their dignity, autonomy, family integrity.

The plaintiffs filed a motion for summary judgment a week later on February 18, 2014. On May 19, 2014, the Court (Judge Michael J. McShane) granted summary judgment in favor of the plaintiffs and found that there was no legitimate state interest that would justify the denial of the full and equal recognition to the marriages of same-sex couples. The court declared that Oregon laws banning same-sex marriages violated the Equal Protection Clause and were unconstitutional, and permanently enjoined the defendants from enforcing them. The order also required that the defendants recognize same-sex-marriages formalized in other states. Rummell v. Kitzhaber, 2014 WL 2054264 (D. Oregon 2014).

The defendants appealed to Supreme Court Justice Kennedy for a stay of the decision, but this was denied on June 4, 2014. Proceedings continued on the matter of awarding attorneys' fees as of July 23, 2014.

Megan Dolan - 07/24/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Discrimination Prohibition
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Plaintiff Type
Private Plaintiff
Causes of Action Declaratory Judgment Act, 28 U.S.C. § 2201
42 U.S.C. § 1983
Defendant(s) State of Oregon
Plaintiff Description Plaintiffs are two same-sex couples residing in Oregon who wish to have a state-recognized marriages.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PB-OR-0004 : Geiger v. Kitzhaber (D. Or.)
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
6:13−cv−02256 (D. Or.) 07/18/2014
PB-OR-0005-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 12/19/2013
PB-OR-0005-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief 01/22/2014
PB-OR-0005-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 05/19/2014 (D. Or.)
PB-OR-0005-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 05/19/2014 (994 F.Supp.2d 1128) (D. Or.)
PB-OR-0005-0004.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges McShane, Michael Jerome (D. Or.)
PB-OR-0005-0003 | PB-OR-0005-0004 | PB-OR-0005-9000
Monitors/Masters None on record
Plaintiff's Lawyers Diaz, Kevin (Oregon)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Eidson, James W (Washington)
PB-OR-0005-9000
Feldman, Leonard J. (Washington)
PB-OR-0005-9000
Goad, Amanda C. (California)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Holm, Kristina J (Oregon)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Isaak, Misha A.D. (Oregon)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Johnson, Thomas R. (Oregon)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Middleton, Jennifer J (Oregon)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Perriguey, Lake James H. (Oregon)
PB-OR-0005-9000
Saxe, Rose A. (New York)
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Defendant's Lawyers Eastman, John C. (California)
PB-OR-0005-9000
Harris, Roger K. (Oregon)
PB-OR-0005-9000
Joyce, Anna M. (Oregon)
PB-OR-0005-9000
Madkour, Jenny M. (Oregon)
PB-OR-0005-9000
Potter, Sheila (Oregon)
PB-OR-0005-9000
Von Ter Stegge, Katharine (Oregon)
PB-OR-0005-9000
Williams, Mary (Oregon)
PB-OR-0005-9000
Other Lawyers Berman, Steven C. (Oregon)
PB-OR-0005-9000
Cavanaugh, Heather K. (Oregon)
PB-OR-0005-9000
Gartner, Nadine A. (Oregon)
PB-OR-0005-9000
Schlesinger, Andrew M. (Oregon)
PB-OR-0005-9000

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