Case: Rummell v. Kitzhaber

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

Filed Date: Dec. 19, 2013

Closed Date: 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 (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.

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 attrorneys, see: https://www.courtlistener.com/docket/13114964/parties/rummell-v-kitzhaber/


Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Diaz, Kevin (Oregon)

Eidson, James W (Washington)

Feldman, Leonard J. (Washington)

Goad, Amanda C. (California)

Holm, Kristina J (Oregon)

Isaak, Misha A.D. (Oregon)

Johnson, Thomas R. (Oregon)

Middleton, Jennifer J (Oregon)

Perriguey, Lake James H. (Oregon)

Judge(s)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Diaz, Kevin (Oregon)

Eidson, James W (Washington)

Feldman, Leonard J. (Washington)

Goad, Amanda C. (California)

Holm, Kristina J (Oregon)

Isaak, Misha A.D. (Oregon)

Johnson, Thomas R. (Oregon)

Middleton, Jennifer J (Oregon)

Perriguey, Lake James H. (Oregon)

Saxe, Rose A. (New York)

Attorneys(s) for Defendant

Joyce, Anna M. (Oregon)

Madkour, Jenny M. (Oregon)

Potter, Sheila (Oregon)

Von Ter Stegge, Katharine (Oregon)

Williams, Mary (Oregon)

Other Attorney(s)

Berman, Steven C. (Oregon)

Cavanaugh, Heather K. (Oregon)

Eastman, John C. (California)

Gartner, Nadine A. (Oregon)

Harris, Roger K. (Oregon)

Schlesinger, Andrew M. (Oregon)

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

994 F.Supp.2d 1128

May 19, 2014

May 19, 2014

Order/Opinion

Resources

Docket

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

Last updated July 21, 2022, 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
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
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
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
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
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
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
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
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
15

Response to Motion

Jan. 14, 2014

Jan. 14, 2014

PACER
15

Response to Motion

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
17

Amended Complaint

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
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
21

Motion for Extension of Time

Feb. 10, 2014

Feb. 10, 2014

PACER
21

Motion for Extension of Time

Feb. 10, 2014

Feb. 10, 2014

PACER
22

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 10, 2014

Feb. 10, 2014

PACER
22

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 10, 2014

Feb. 10, 2014

PACER
23

Declaration

Feb. 10, 2014

Feb. 10, 2014

PACER
23

Declaration

Feb. 10, 2014

Feb. 10, 2014

PACER
24

Case Reassignment Notice

Feb. 11, 2014

Feb. 11, 2014

PACER
24

Case Reassignment Notice

Feb. 11, 2014

Feb. 11, 2014

PACER
25

Order on motion for extension of time to answer a Complaint/Petition

Feb. 11, 2014

Feb. 11, 2014

PACER
25

Order on motion for extension of time to answer a Complaint/Petition

Feb. 11, 2014

Feb. 11, 2014

PACER
26

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 12, 2014

Feb. 12, 2014

PACER
26

Motion for Extension of Time to Answer a Complaint/Petition

Feb. 12, 2014

Feb. 12, 2014

PACER
27

Declaration

Feb. 12, 2014

Feb. 12, 2014

PACER
27

Declaration

Feb. 12, 2014

Feb. 12, 2014

PACER
28

Answer to Amended Complaint

Feb. 12, 2014

Feb. 12, 2014

PACER
28

Answer to Amended Complaint

Feb. 12, 2014

Feb. 12, 2014

PACER
29

Order on motion for extension of time to answer a Complaint/Petition

Feb. 13, 2014

Feb. 13, 2014

PACER
29

Order on motion for extension of time to answer a Complaint/Petition

Feb. 13, 2014

Feb. 13, 2014

PACER
30

Scheduling

Feb. 13, 2014

Feb. 13, 2014

PACER
30

Scheduling

Feb. 13, 2014

Feb. 13, 2014

PACER
31

Motion for Summary Judgment

Feb. 18, 2014

Feb. 18, 2014

PACER
31

Motion for Summary Judgment

Feb. 18, 2014

Feb. 18, 2014

PACER
32

Memorandum in Support of Motion

Feb. 18, 2014

Feb. 18, 2014

PACER
32

Memorandum in Support of Motion

Feb. 18, 2014

Feb. 18, 2014

PACER
33

Memorandum in Support of Motion

Feb. 18, 2014

Feb. 18, 2014

PACER
33

Memorandum in Support of Motion

Feb. 18, 2014

Feb. 18, 2014

PACER
34

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
34

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
35

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
35

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
36

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
36

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
37

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
37

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
38

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
38

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
39

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
39

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
40

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
40

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
41

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
41

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
42

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
42

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
43

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
43

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
44

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
44

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
45

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
45

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
46

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
46

Declaration

Feb. 18, 2014

Feb. 18, 2014

PACER
47

Answer to Amended Complaint

Feb. 20, 2014

Feb. 20, 2014

PACER
47

Answer to Amended Complaint

Feb. 20, 2014

Feb. 20, 2014

PACER
48

Response to Motion

March 4, 2014

March 4, 2014

PACER
48

Response to Motion

March 4, 2014

March 4, 2014

PACER
49

Declaration

March 4, 2014

March 4, 2014

PACER
49

Declaration

March 4, 2014

March 4, 2014

PACER
50

Declaration

March 4, 2014

March 4, 2014

PACER
50

Declaration

March 4, 2014

March 4, 2014

PACER

Case Details

State / Territory: Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Dec. 19, 2013

Closing Date: 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):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

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:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male