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Case Name Geiger v. Kitzhaber PB-OR-0004
Docket / Court 6:13-cv-01834 ( 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 October 15th, 2013, two same-sex couples filed a lawsuit in the U.S. District Court for the District of Oregon pursuant to 42 U.S.C. § 1983 against the state of Oregon. The plaintiffs, represented by both private and public counsel, sought a declaration that Oregon laws banning same-sex ... read more >
On October 15th, 2013, two same-sex couples filed a lawsuit in the U.S. District Court for the District of Oregon pursuant to 42 U.S.C. § 1983 against the state of Oregon. The plaintiffs, represented by both private and public counsel, sought a declaration that Oregon laws banning same-sex marriages violate the United States Constitution, a permanent injunction against the enforcement of laws banning same-sex marriage, and an award to the plaintiffs of the costs of suit and reasonable attorney's fees.

Specifically, the plaintiffs claimed that their rights under the Due Process Clause and the Equal Protection Clause had been violated by being denied the same access to marriage as different-sex couples. They further claim that the ban discriminated against gay and lesbian citizens of Oregon who wished to be married in their state of residence.

On January 22nd, 2014, this case was consolidated with Rummel v. Kitzhaber because of its similar circumstances. The plaintiffs filed a motion for summary judgment on February 18th, 2014. On February 20, Oregon's Attorney General, Ellen Rosenblum, announced that the state would not defend its ban on same-sex marriage. The State filed an answer in the case telling the court that it agreed with the plaintiffs that "the ban cannot withstand a federal constitutional challenge under any standard of review." The state stated, however, that "In the meantime, as the State Defendants are legally obligated to enforce the Oregon Constitution's ban on same-sex marriage, they will continue to do so unless and until this Court grants the relief sought by the plaintiffs."

An anti-same-sex-marriage group, the National Organization for Marriage, then moved to intervene to defend the ban. The Court denied intervention and struck down the same-sex marriage ban on May 19th, 2014. The court's opinion declared that Oregon's ban of same-sex marriage violates the Equal Protection Clause and the court permanently enjoined the enforcement of the ban. Geiger v. Kitzhaber, 2014 WL 2054264 (D. Oregon 2014).

The defendants declined to appeal and did not seek a stay of the injunction. However, the National Organization for Marriage appealed the denial of their intervention motion, and sought a stay of the injunction pending disposition of that appeal. That stay was denied, first by the District Court on May 19, 2014, then by the Court of Appeals that same day, and then by the Supreme Court on June 4, 2014.

On August 27, 2014, the Ninth Circuit held in an unpublished opinion that the National Organization for Marriage lacked Article III standing to appeal the District Court's final judgment. The Ninth Circuit also denied the National Organization for Marriage's petition for rehearing en banc on November 24, 2014. The Supreme Court denied the National Organization for Marriage's petition for certiorari on April 20, 2015.

On August 19, 2014, the Court approved the parties' agreement over attorney's fees, by which the defendants agreed to pay $132,690 in total. The case is now closed.

Megan Dolan - 06/25/2014
Eva Richardson - 01/08/2019


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) The State of Oregon
Plaintiff Description Two same-sex couples that seek to be married in Multnomah County Oregon.
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filing Year 2013
Case Closing Year 2015
Case Ongoing No
Case Listing PB-OR-0005 : Rummell v. Kitzhaber (D. Or.)
Additional Resources
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Docket(s)
6:13-CV-01834 (D. Or.)
PB-OR-0004-9000.pdf | Detail
Date: 04/20/2015
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint For Declaratory, Injunctive, or Other Relief [ECF# 1] (2013 WL 8480380)
PB-OR-0004-0001.pdf | WESTLAW | Detail
Date: 10/15/2013
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory, Injunctive, or Other Relief [ECF# 8] (2013 WL 8540498)
PB-OR-0004-0002.pdf | WESTLAW | Detail
Date: 12/04/2013
Source: PACER [Public Access to Court Electronic Records]
Memorandum In Support of Motion to Consolidate [ECF# 12] (2013 WL 8540499)
PB-OR-0004-0005.pdf | WESTLAW | Detail
Date: 12/20/2013
Source: PACER [Public Access to Court Electronic Records]
State Defendants' Answer and Affirmative Defenses to the Rummell Amended Complaint [ECF# 58]
PB-OR-0004-0010.pdf | Detail
Date: 02/20/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum in Support of Motion to Intervene [ECF# 87]
PB-OR-0004-0006.pdf | Detail
Date: 04/21/2014
Source: PACER [Public Access to Court Electronic Records]
Order [denial of emergency motion to stay by the Ninth Circuit] (2014 WL 2566885)
PB-OR-0004-0008.pdf | WESTLAW | Detail
Date: 05/19/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [For Summary Judgment] [ECF# 118] (994 F.Supp.2d 1128) (D. Or.)
PB-OR-0004-0004.pdf | WESTLAW| LEXIS | Detail
Date: 05/19/2014
Source: PACER [Public Access to Court Electronic Records]
Order [For Summary Judgment] [ECF# 119] (D. Or.)
PB-OR-0004-0003.pdf | Detail
Date: 05/19/2014
Source: PACER [Public Access to Court Electronic Records]
Order in Pending Case [denial of application for stay to Justice Kennedy, referred to the Court] [ECF# 126] (134 S.Ct. 2722)
PB-OR-0004-0007.pdf | WESTLAW | Detail
Date: 06/04/2014
Source: PACER [Public Access to Court Electronic Records]
Order [Ct. of App. ECF# 43] (2014 WL 8628611)
PB-OR-0004-0011.pdf | WESTLAW | Detail
Date: 08/27/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Callahan, Consuelo Maria (Ninth Circuit) show/hide docs
PB-OR-0004-0008
Hurwitz, Andrew David (Ninth Circuit) show/hide docs
PB-OR-0004-0008
Leavy, Edward (D. Or., FISCR, Ninth Circuit) show/hide docs
PB-OR-0004-0008
McShane, Michael Jerome (D. Or.) show/hide docs
PB-OR-0004-0003 | PB-OR-0004-0004 | PB-OR-0004-9000
Plaintiff's Lawyers Diaz, Kevin (Oregon) show/hide docs
PB-OR-0004-9000
Easton, Lea Ann (Oregon) show/hide docs
PB-OR-0004-0001 | PB-OR-0004-0002 | PB-OR-0004-9000
Goad, Amanda C. (California) show/hide docs
PB-OR-0004-9000
Holm, Kristina J (Oregon) show/hide docs
PB-OR-0004-9000
Isaak, Misha A.D. (Oregon) show/hide docs
PB-OR-0004-9000
Johnson, Thomas R. (Oregon) show/hide docs
PB-OR-0004-0005 | PB-OR-0004-9000
Middleton, Jennifer J (Oregon) show/hide docs
PB-OR-0004-9000
Perriguey, Lake James H. (Oregon) show/hide docs
PB-OR-0004-0001 | PB-OR-0004-0002 | PB-OR-0004-9000
Defendant's Lawyers Eastman, John C. (California) show/hide docs
PB-OR-0004-9000
Harris, Roger K. (Oregon) show/hide docs
PB-OR-0004-0006 | PB-OR-0004-9000
Joyce, Anna M. (Oregon) show/hide docs
PB-OR-0004-9000
Madkour, Jenny M. (Oregon) show/hide docs
PB-OR-0004-9000
Potter, Sheila (Oregon) show/hide docs
PB-OR-0004-0010 | PB-OR-0004-9000
Rosenblum, Ellen F. (Oregon) show/hide docs
PB-OR-0004-0010
Von Ter Stegge, Katharine (Oregon) show/hide docs
PB-OR-0004-9000
Williams, Mary (Oregon) show/hide docs
PB-OR-0004-9000
Other Lawyers Berman, Steven C. (Oregon) show/hide docs
PB-OR-0004-9000
Cavanaugh, Heather K. (Oregon) show/hide docs
PB-OR-0004-9000
Eidson, James W (Washington) show/hide docs
PB-OR-0004-9000
Feldman, Leonard J. (Washington) show/hide docs
PB-OR-0004-9000
Gartner, Nadine A. (Oregon) show/hide docs
PB-OR-0004-9000
Pedersen, Amy Joseph (Oregon) show/hide docs
PB-OR-0004-9000

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