Oregon gay-marriage ban becomes latest struck down by U.S. judge

Oregon’s gay-marriage ban, which wasn’t defended by state officials, was struck down by a federal judge, adding to a spate of court victories across the country for supporters of same-sex unions.

U.S. District Judge Michael McShane in Eugene, Ore., Monday ruled that the law violates the constitution. He said his order permanently blocking the ban “shall be effective immediately upon filing.”

A wave of litigation challenging state same-sex marriage bans was unleashed by a U.S. Supreme Court decision in June striking down a measure that limited federal recognition to marriages between a man and a woman. Gay marriage has now been deemed lawful in 24 states and the District of Columbia. Rulings that have struck down bans in several states have been put on hold while appeals are pursued.

McShane said that while he knows opposition to gay marriage on moral grounds is tied to a historic belief that being gay is wrong, the U.S. Constitution protects the “minority” that is affected by these beliefs as well as the expression of those viewpoints.

“Generations of Americans, my own included, were raised in a world in which homosexuality was believed to be a moral perversion, a mental disorder, or a mortal sin,” the judge wrote in his ruling. “I can remember that one of the more popular playground games of my childhood was called ‘smear the queer,’ and it was played with great zeal and without a moment’s thought to today’s political correctness.”