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 plaintiffs were 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 plaintiffs were represented by attorneys from the American Civil Liberties Union (ACLU) and sought a declaration that Oregon laws banning same-sex marriage were unconstitutional, 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 and recognize out-of-state same-sex marriages, and an award of 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 alleged that the ban injured them by denying them medical and government benefits available to married same-sex couples, as well as interfering with their dignity, autonomy, and family integrity. The case was consolidated with Geiger v. Kitzhaber (PB-OR-0004 in this Clearinghouse).

The plaintiffs filed a motion for summary judgment a week later on February 18, 2014. Before the Court ruled on that motion, an anti-same-sex-marriage group, the National Organization for Marriage (NOM), moved to intervene to defend the ban. NOM 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 May 19, 2014, 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 Rummell plaintiffs reached a settlement with the defendants regarding attorney's fees and costs that was not disclosed to the Court. The Court approved the Geiger plaintiffs' agreement with the defendants over attorney's fees, by which the defendants agreed to pay $132,690 in total. The case is now closed.

Megan Dolan - 07/24/2014
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
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 42 U.S.C. § 1983
Declaratory Judgment Act, 28 U.S.C. § 2201
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
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 2014
Case Ongoing No
Case Listing PB-OR-0004 : Geiger v. Kitzhaber (D. Or.)
Docket(s)
6:13−cv−02256 (D. Or.)
PB-OR-0005-9000.pdf | Detail
Date: 12/05/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PB-OR-0005-0001.pdf | Detail
Date: 12/19/2013
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint for Declaratory and Injunctive Relief [ECF# 17]
PB-OR-0005-0002.pdf | Detail
Date: 01/22/2014
Source: PACER [Public Access to Court Electronic Records]
Opinion [ECF# 116] (994 F.Supp.2d 1128) (D. Or.)
PB-OR-0005-0004.pdf | WESTLAW| LEXIS | Detail
Date: 05/19/2014
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 117] (D. Or.)
PB-OR-0005-0003.pdf | Detail
Date: 05/19/2014
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges McShane, Michael Jerome (D. Or.) show/hide docs
PB-OR-0005-0003 | PB-OR-0005-0004 | PB-OR-0005-9000
Plaintiff's Lawyers Diaz, Kevin (Oregon) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Eidson, James W (Washington) show/hide docs
PB-OR-0005-9000
Feldman, Leonard J. (Washington) show/hide docs
PB-OR-0005-9000
Goad, Amanda C. (California) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Holm, Kristina J (Oregon) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Isaak, Misha A.D. (Oregon) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Johnson, Thomas R. (Oregon) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Middleton, Jennifer J (Oregon) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Perriguey, Lake James H. (Oregon) show/hide docs
PB-OR-0005-9000
Saxe, Rose A. (New York) show/hide docs
PB-OR-0005-0001 | PB-OR-0005-0002 | PB-OR-0005-9000
Defendant's Lawyers Eastman, John C. (California) show/hide docs
PB-OR-0005-9000
Harris, Roger K. (Oregon) show/hide docs
PB-OR-0005-9000
Joyce, Anna M. (Oregon) show/hide docs
PB-OR-0005-9000
Madkour, Jenny M. (Oregon) show/hide docs
PB-OR-0005-9000
Potter, Sheila (Oregon) show/hide docs
PB-OR-0005-9000
Von Ter Stegge, Katharine (Oregon) show/hide docs
PB-OR-0005-9000
Williams, Mary (Oregon) show/hide docs
PB-OR-0005-9000
Other Lawyers Berman, Steven C. (Oregon) show/hide docs
PB-OR-0005-9000
Cavanaugh, Heather K. (Oregon) show/hide docs
PB-OR-0005-9000
Gartner, Nadine A. (Oregon) show/hide docs
PB-OR-0005-9000
Schlesinger, Andrew M. (Oregon) show/hide docs
PB-OR-0005-9000

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