Case: Rummell v. Kitzhaber

6:13-cv-02256 | U.S. District Court for the District of Oregon

Filed Date: Dec. 19, 2013

Closed Date: Nov. 24, 2014

Clearinghouse coding complete

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 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 equ…

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.

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.

Summary Authors

Megan Dolan (7/24/2014)

Eva Richardson (1/8/2019)

Related Cases

Geiger v. Kitzhaber, District of Oregon (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13114964/parties/rummell-v-kitzhaber/


Judge(s)
Attorney for Plaintiff

Diaz, Kevin (Oregon)

Eidson, James W (Washington)

Attorney for Defendant
Expert/Monitor/Master/Other

Berman, Steven C. (Oregon)

Cavanaugh, Heather K. (Oregon)

Eastman, John C. (California)

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Documents in the Clearinghouse

Document

6:13-cv-02256

Docket [PACER]

Dec. 5, 2014

Dec. 5, 2014

Docket
1

6:13-cv-02256

Complaint for Declaratory and Injunctive Relief

Dec. 19, 2013

Dec. 19, 2013

Complaint
17

6:13-cv-02256

Amended Complaint for Declaratory and Injunctive Relief

Jan. 22, 2014

Jan. 22, 2014

Complaint
117

6:13-cv-02256

Order

May 19, 2014

May 19, 2014

Order/Opinion
116

6:13-cv-02256

Opinion

May 19, 2014

May 19, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13114964/rummell-v-kitzhaber/

Last updated Jan. 20, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

Complaint

Dec. 19, 2013

Dec. 19, 2013

Clearinghouse
1

Complaint

Dec. 19, 2013

Dec. 19, 2013

Clearinghouse
1

Complaint

Dec. 19, 2013

Dec. 19, 2013

Clearinghouse
1

Complaint

Dec. 19, 2013

Dec. 19, 2013

Clearinghouse
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3524138 Jury Trial Requested: No. Filed by Basic Rights Education Fund, Benjamin West, Paul Rummell, Lisa Chickadonz, Christine Tanner against John Kitzhaber, Ellen Rosenblum, Randy Waldruff, Jennifer Woodward (Attachments: # 1 Civil Cover Sheet). (Johnson, Thomas) (Entered: 12/19/2013)

1 Civil Cover Sheet

View on PACER

Dec. 19, 2013

Dec. 19, 2013

Clearinghouse
2

Discovery and Pretrial Scheduling Order

Dec. 19, 2013

Dec. 19, 2013

PACER
2

Discovery and Pretrial Scheduling Order

Dec. 19, 2013

Dec. 19, 2013

PACER
2

Discovery and Pretrial Scheduling Order

Dec. 19, 2013

Dec. 19, 2013

PACER
2

Discovery and Pretrial Scheduling Order

Dec. 19, 2013

Dec. 19, 2013

PACER
2

Notice of Case Assignment to Magistrate Judge Thomas M. Coffin and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 4/18/2014. Joint Alternate Dispute Resolution Report is due by 5/19/2014. Pretrial Order is due by 5/19/2014. Ordered by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
3

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
3

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
3

Motion for Leave to Appear Pro Hac Vice for Attorney Amanda Goad . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3524866. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Johnson, Thomas) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
3

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
3

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice for Attorney Rose Saxe . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3524888. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Johnson, Thomas) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
4

Motion for Leave to Appear Pro Hac Vice

Dec. 19, 2013

Dec. 19, 2013

PACER
5

Proposed Summons

Dec. 19, 2013

Dec. 19, 2013

PACER
5

Proposed Summons to John Kitzhaber, Ellen Rosenblum, Jennifer Woodward and Randy Waldruff Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Johnson, Thomas) (Entered: 12/19/2013)

Dec. 19, 2013

Dec. 19, 2013

PACER
5

Proposed Summons

Dec. 19, 2013

Dec. 19, 2013

PACER
5

Proposed Summons

Dec. 19, 2013

Dec. 19, 2013

PACER
5

Proposed Summons

Dec. 19, 2013

Dec. 19, 2013

PACER
6

Motion to Consolidate

Dec. 20, 2013

Dec. 20, 2013

PACER
6

Motion to Consolidate

Dec. 20, 2013

Dec. 20, 2013

PACER
6

Motion to Consolidate

Dec. 20, 2013

Dec. 20, 2013

PACER
6

Motion to Consolidate

Dec. 20, 2013

Dec. 20, 2013

PACER
6

Motion to Consolidate . Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Johnson, Thomas) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
7

Memorandum in Support of Motion

Dec. 20, 2013

Dec. 20, 2013

PACER
7

Memorandum in Support of Motion

Dec. 20, 2013

Dec. 20, 2013

PACER
7

Memorandum in Support of Motion

Dec. 20, 2013

Dec. 20, 2013

PACER
7

Memorandum in Support of Motion

Dec. 20, 2013

Dec. 20, 2013

PACER
7

Memorandum in Support of Motion to Consolidate. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion to Consolidate 6 .) (Johnson, Thomas) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
9

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
9

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
9

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
9

ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Amanda C. Goad for Basic Rights Education Fund,Amanda C. Goad for Lisa Chickadonz,Amanda C. Goad for Paul Rummell,Amanda C. Goad for Christine Tanner,Amanda C. Goad for Benjamin West. Application Fee in amount of $100 collected. Receipt No. 0979-3524866 issued. Signed on 12/23/13 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 12/26/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
9

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
10

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
10

ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Rose A. Saxe for Basic Rights Education Fund,Rose A. Saxe for Lisa Chickadonz,Rose A. Saxe for Paul Rummell,Rose A. Saxe for Christine Tanner,Rose A. Saxe for Benjamin West. Application Fee in amount of $100 collected. Receipt No. 0979-3524888 issued. Signed on 12/23/13 by Magistrate Judge Thomas M. Coffin. (ljb) (Entered: 12/26/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
10

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
10

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
10

Order on Motion for Leave to Appear Pro Hac Vice

Dec. 23, 2013

Dec. 23, 2013

PACER
8

Summons Issued

Dec. 26, 2013

Dec. 26, 2013

PACER
8

Summons Issued

Dec. 26, 2013

Dec. 26, 2013

PACER
8

Summons Issued Electronically as to John Kitzhaber, Ellen Rosenblum, Randy Waldruff, Jennifer Woodward. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (ljb) (Entered: 12/26/2013)

Dec. 26, 2013

Dec. 26, 2013

PACER
8

Summons Issued

Dec. 26, 2013

Dec. 26, 2013

PACER
8

Summons Issued

Dec. 26, 2013

Dec. 26, 2013

PACER
11

Response in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
11

Response in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
11

Response in Opposition to Motion to Consolidate 6 . Filed by Deanna L. Geiger, Janine M. Nelson, William Griesar, Robert Duehmig. (Perriguey, Lake James) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
11

Response in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
11

Response in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
12

Affidavit in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
12

Affidavit in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
12

Affidavit in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
12

Affidavit in Opposition to Motion

Jan. 3, 2014

Jan. 3, 2014

PACER
12

Declaration in Opposition to Motion to Consolidate 6 . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Perriguey, Lake James) Modified on for clarity of the record 1/9/2014 (ljb). (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
13

Declaration

Jan. 3, 2014

Jan. 3, 2014

PACER
13

Declaration of Misha Isaak of Service. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Isaak, Misha) (Entered: 01/03/2014)

Jan. 3, 2014

Jan. 3, 2014

PACER
13

Declaration

Jan. 3, 2014

Jan. 3, 2014

PACER
13

Declaration

Jan. 3, 2014

Jan. 3, 2014

PACER
13

Declaration

Jan. 3, 2014

Jan. 3, 2014

PACER
14

Response to Motion

Jan. 8, 2014

Jan. 8, 2014

PACER
14

Response to Motion

Jan. 8, 2014

Jan. 8, 2014

PACER
14

Response to Motion

Jan. 8, 2014

Jan. 8, 2014

PACER
14

Response to Motion to Consolidate 6 . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Potter, Sheila) (Entered: 01/08/2014)

Jan. 8, 2014

Jan. 8, 2014

PACER
14

Response to Motion

Jan. 8, 2014

Jan. 8, 2014

PACER
15

Response to Motion

Jan. 14, 2014

Jan. 14, 2014

PACER
15

Response to Motion

Jan. 14, 2014

Jan. 14, 2014

PACER
15

Response to Motion

Jan. 14, 2014

Jan. 14, 2014

PACER
15

Response to Motion

Jan. 14, 2014

Jan. 14, 2014

PACER
15

Response to Motion to Consolidate 6 . Filed by Randy Waldruff. (Von Ter Stegge, Katharine) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
16

Reply to Motion

Jan. 20, 2014

Jan. 20, 2014

PACER
16

Reply to Motion

Jan. 20, 2014

Jan. 20, 2014

PACER
16

Reply to Motion

Jan. 20, 2014

Jan. 20, 2014

PACER
16

Reply to Motion

Jan. 20, 2014

Jan. 20, 2014

PACER
16

Reply to Motion to Consolidate 6 . Filed by Paul Rummell. (Isaak, Misha) (Entered: 01/20/2014)

Jan. 20, 2014

Jan. 20, 2014

PACER
17

Amended Complaint

Jan. 22, 2014

Jan. 22, 2014

Clearinghouse
17

Amended Complaint

Jan. 22, 2014

Jan. 22, 2014

Clearinghouse
17

Amended Complaint

Jan. 22, 2014

Jan. 22, 2014

Clearinghouse
17

Amended Complaint . Filed by Basic Rights Education Fund, Benjamin West, Paul Rummell, Lisa Chickadonz, Christine Tanner against John Kitzhaber, Ellen Rosenblum, Randy Waldruff, Jennifer Woodward. (Isaak, Misha) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

Clearinghouse
17

Amended Complaint

Jan. 22, 2014

Jan. 22, 2014

Clearinghouse
18

Attorney Association

Jan. 22, 2014

Jan. 22, 2014

PACER
18

Attorney Association

Jan. 22, 2014

Jan. 22, 2014

PACER
18

Attorney Association

Jan. 22, 2014

Jan. 22, 2014

PACER
18

Notice of Association of Attorney Sheila H. Potter,Anna M. Joyce for Jennifer Woodward,Anna M. Joyce for Ellen Rosenblum,Anna M. Joyce for John Kitzhaber. Filed by Jennifer Woodward, Ellen Rosenblum, John Kitzhaber (Potter, Sheila) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
18

Attorney Association

Jan. 22, 2014

Jan. 22, 2014

PACER
19

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 5, 2014

Feb. 5, 2014

PACER
19

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 5, 2014

Feb. 5, 2014

PACER
19

Unopposed Motion for Extension of Time to Answer Amended Complaint(17 in 6:13-cv-02256-TC). Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-TC (Potter, Sheila) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
19

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 5, 2014

Feb. 5, 2014

PACER
19

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 5, 2014

Feb. 5, 2014

PACER
20

Declaration

Feb. 5, 2014

Feb. 5, 2014

PACER
20

Declaration

Feb. 5, 2014

Feb. 5, 2014

PACER
20

Declaration of Sheila H. Potter . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, (19 in 6:13-cv-02256-TC, 34 in 6:13-cv-01834-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-TC (Potter, Sheila) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
20

Declaration

Feb. 5, 2014

Feb. 5, 2014

PACER
20

Declaration

Feb. 5, 2014

Feb. 5, 2014

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 19, 2013

Closing Date: Nov. 24, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two same-sex couples residing in Oregon who wish to have a state-recognized marriages.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Oregon, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $132,690

Content of Injunction:

Discrimination Prohibition

Issues

General:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male