Oregon Gay Marriage Ban Goes to Court this Week - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Oregon Gay Marriage Ban Goes to Court this Week

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SALEM, OR - Oregon's ban on same-sex marriage goes before a federal judge this week.

While critics will argue that it unconstitutionally discriminates against gays and lesbians, there appears to be little support for it to be upheld.

Oregon's attorney general, Democrat Ellen Rosenblum, says the state's ban is legally indefensible. Her office filed a lengthy brief urging U.S. District Judge Michael McShane to throw it out.

There have been no legal arguments submitted for upholding the ban.

Federal judges in five states have thrown out voter-approved bans on same-sex marriage on constitutional grounds since the U.S. Supreme Court struck down a portion of the federal Defense of Marriage Act last year, and many other challenges are pending.

For Oregon's ban, oral arguments are scheduled for Wednesday at U.S. District Court in Eugene.