The statement was made in a brief filed in Eugene with U.S. District Judge Michael McShane in connection with a legal challenge to the man on same-sex marriages currently before the federal court. In 2004, 11 states including Oregon had made constitutional amendments to impose same-sex marriage bans.
While federal judges in several states have struck down similar bans in recent times on varying grounds after the U.S. Supreme Court's landmark decision in Windsor, lack of state opposition definitely makes the task easier.
In her brief, the Oregon Attorney General wrote, "State Defendants will not defend the Oregon ban on same-sex marriage in this litigation. Rather, they will take position in their summary judgment briefing that the ban cannot withstand a federal constitutional challenge under any standard of review."
However, Rosenblum made it clear that the state authorities will continue to enforce the ban on same-sex marriages until the courts strike it down. She said, "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."
In the instant case, four same-sex couples brought a challenge to the same-sex ban in Oregon as unconstitutional, and it now seems, the main defendant, also thinks so.
Supporters of same-sex marriage in Oregon are also trying to put an initiative in the November ballot to strike down the ban on gay marriage and allow same-sex couples to marry in the state.
