EUGENE, Ore. (AP) — Lawyers for four gay and lesbian couples and the state of Oregon are urging a federal judge to strike down the state’s voter-approved ban on same-sex marriage.
Judge Michael McShane heard arguments on the case Wednesday but did not say which way he was leaning. His questioning focused heavily on how he should apply precedents from higher courts.
The state attorney general has refused to defend the gay-marriage ban, so nobody supported it in court.
McShane says he won’t rule on the constitutionality of the same-sex marriage ban until he decides on a request by the National Organization for Marriage to defend it.
The group’s chairman, John Eastman, says the judge would benefit from hearing several arguments that weren’t raised in court because nobody was able to defend the ban.