6:13-cv-01834 #104

- DECLARATION OF SHEILA H. POTTER IN SUPPORT OF STATE AND COUNTYDEFENDANTS’ JOINT RESPONSE TO THE MOTION TO INTERVENE

SP3/cjw/5219869-v1

Department of Justice1515 SW Fifth Ave, Suite 410

Portland, OR 97201(971) 673-1880 / Fax: (971) 673-5000

ELLEN F. ROSENBLUMAttorney GeneralSHEILA H. POTTER #993485Deputy Chief Trial CounselANNA M. JOYCE #013112Solicitor GeneralMARY WILLIAMS #911241Special Assistant Attorney GeneralDepartment of Justice1515 SW Fifth Ave, Suite 410Portland, OR 97201Telephone: (971) 673-1880Fax: (971) 673-5000Email: [email protected]

[email protected][email protected]

Attorneys for State Defendants

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DEANNA L. GEIGER and JANINE M.NELSON; ROBERT DUEHMIG andWILLIAM GRIESAR,

Plaintiffs,

v.

JOHN KITZHABER, in his official capacityas Governor of Oregon; ELLENROSENBLUM, in her official capacity asAttorney General of Oregon; JENNIFERWOODWARD, in her official capacity asState Registrar, Center for Health Statistics,Oregon Health Authority; and RANDYWALDRUFF, in his official capacity asMultnomah County Assessor,

Defendants.

Case No. 6:13-cv-01834-MC(Lead Case)

DECLARATION OF SHEILA H. POTTER INSUPPORT OF STATE AND COUNTYDEFENDANTS’ JOINT RESPONSE TO THEMOTION TO INTERVENE

Case 6:13-cv-01834-MC Document 104 Filed 05/02/14 Page 1 of 8 Page ID#: 980


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Portland, OR 97201(971) 673-1880 / Fax: (971) 673-5000

PAUL RUMMELL and BENJAMINWEST; LISA CHICKADONZ andCHRISTINE TANNER; BASIC RIGHTSEDUCATION FUND,

Plaintiffs,v.

JOHN KITZHABER, in his official capacityas Governor of Oregon; ELLENROSENBLUM, in her official capacity asAttorney General of Oregon; JENNIFERWOODWARD, in her official capacity asState Registrar, Center for Health Statistics,Oregon Health Authority; and RANDYWALDRUFF, in his official capacity asMultnomah County Assessor,

Defendants.

Case No. 6:13-cv-02256-TC

I, Sheila H. Potter, declare:

1. I am one of the attorneys for state defendants John Kitzhaber, Ellen Rosenblum,

and Jennifer Woodward. I make the following statements of my own knowledge.

2. The state defendants’ answer to the Rummell complaint was filed on February 20,

2014; it contained a paragraph stating that the state defendants would not defend the ban on

same-sex marriages under the Oregon constitution but would continue enforcing the ban. After

the Answer was filed, the Attorney General held a press conference and issued a statement to

announce publicly that the state defendants would continue to appear in the case and would

explain their analysis, but that the analysis would not articulate any defense to the same-sex

marriage ban. (An accurate copy of that press release is attached to this Declaration as Exhibit 1;

see Ex. 1.)

3. The National Organization for Marriage issued a press release in response on the

same day, in which NOM president Brian Brown commented specifically on the Attorney



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Portland, OR 97201(971) 673-1880 / Fax: (971) 673-5000

General’s announcement that she would not defend the ban and articulated his disagreement with

her decision:

“Attorney General Ellen Rosenblum is shamefully abandoning her

constitutional duty to defend the marriage amendment

overwhelmingly enacted by the people of Oregon. She swore an

oath of office that she would enforce all the laws, not just those she

personally agrees with. The people are entitled to a vigorous

defense of the laws they enact, and the marriage amendment is no

exception to that solemn obligation. Further, Ms. Rosenblum is

dead-wrong in her conclusion that the amendment cannot be

supported by rational legal arguments.

(An accurate copy of the press release, printed from the NOM website and dated

February 20 at 3:35 P.M., is attached as Exhibit 2; see Ex. 2, pp. 2-3.)

4. A copy of a Reuters article reflecting both the Attorney General’s statement and

Mr. Brown’s reaction was published on February 20, 2014. (An accurate copy of the article on

the New York Times website is attached to this Declaration as Exhibit 3; see Ex. 3.)

I declare under penalty of perjury that the foregoing is true and correct.

EXECUTED on May 2 , 2014.

s/ Sheila H. PotterSHEILA H. POTTERDeputy Chief Trial Counsel


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Oregon DOJ Home | Media | Current Releases | 2014 Media Release

STATEMENT OF OREGON ATTORNEY GENERAL ELLEN ROSENBLUM ONTHE SUBJECT OF PENDING LITIGATION CHALLENGING SAME-SEXMARRIAGE BAN

February 20, 2014

Good morning. As many Oregonians are aware, four couples have brought suit against the state, asking a

federal court to find that Oregon’s ban on marriage by couples of the same sex violates the right of equality

enshrined in the United States Constitution. I am named as a defendant in the lawsuits, along with the

Governor, and it falls on my office to appear on behalf of the state before the court and answer the couples’

claims.

Usually — though not always — my office defends the state in litigation. As Attorney General, I have

sworn an oath to uphold our state’s constitution. The lawyers in my office have sworn the same oath. The

oath we took also requires us to uphold the Constitution of the United States – which is the supreme law of

our land. Of course, we all take these oaths very seriously.

So it is after much careful study and consideration that I stand before you today to announce that the

Oregon Department of Justice will not defend the prohibition in our state's constitution against marriages

between people of the same sex. A document called an “answer” filed with the court earlier this morning

informed Judge McShane of our decision. Copies are available for you.

Because our office also represents the people of Oregon, a brief explanation is in order.

The Equal Protection Clause of the U.S. Constitution gives people the right to be treated equally by their

government, unless there is a good reason for unequal treatment. That is, any time the government

establishes different sets of rules or laws for different sets of people, there must at least be what the law

calls a “rational basis” for those differences.

The law in this area is developing and it is now clear that there is no rational basis for Oregon to refuse to

honor the commitments made by same-sex couples in the same way it honors the commitments of opposite

-sex couples. Marriage is the way that loving couples become family to each other and to their extended

families, and there is no good reason to exclude same-sex couples from marriage in Oregon, or from

having their marriages recognized here.

Because we cannot identify a valid reason for the state to prevent the couples who have filed these lawsuits

from marrying in Oregon, we find ourselves unable to stand before federal Judge McShane to defend the

state’s prohibition against marriages between two men or two women.

We will be explaining our legal reasoning to Judge McShane as this case proceeds. Those of you who are

interested will be more than welcome to review our pleadings as they are filed. Legal papers that are due

by April will fully address our analysis and that of the other parties in the two cases that are now

consolidated.

Thank you.

Plaintiffs’ Complaint in Geiger et. al v. Kitzhaber et al.•

State of Oregon’s Answer in Geiger et. al v. Kitzhaber et al. | Exhibit A•

Plaintiffs’ Complaint in Rummell et. al v. Kitzhaber et al.•

State of Oregon’s Answer in Rummell et al. v. Kitzhaber et al.•

Contact:

Kristina Edmunson, Department of Justice, [email protected], 503-378-6002

EXHIBIT 1, Page 1 of 1

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GUGLP MBATHA-RAW

• 4-

U.S. | NATIONAL BRIEFING |NORTHW EST

Oregon:Attorney GeneralW on’tDefend Ban on Gay Marriage

By REUTERS FEB.20,2014

Oregonwill not defend a banongaymarriage inthe state,which wassued byfour same-sex

coupleswhosaythe banviolatesthe United StatesConstitution,the state attorneygeneral,Ellen

Rosenblum,said Thursday. Oregonbecomesthe third state inthe past month,after Nevada and

Virginia,tocease defending such bans. “It isnowclear that there isnorational basisfor Oregonto

refuse tohonor the commitmentsmade bysame-sexcouplesinthe same wayit honorsthe

commitmentsofopposite sexcouples,”Ms. Rosenblum,a Democrat,said. The decisionwill not

immediatelylegalize same-sexmarriage inOregon,where votersapproved a constitutional banin

2004. BrianBrown,the president ofthe National Organizationfor Marriage,said Ms. Rosenblum

“isshamefullyabandoning her constitutional dutytodefend the marriage amendment

overwhelminglyenacted bythe people ofOregon.”

A ve rs ion ofth is brie fappe ars in printon Fe bruary 21, 2014, on page A15 ofth e N e w York e dition w ith th e h e adline :Ore gon:Attorne y Ge ne ralW on’tDe fe nd M arriage Ban .

Next in U.S.How a GulfSettlement That BPOnce Hailed Became ItsTarget

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6:13-cv-01834 #104

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