Federal Court to Hear Arguments in Challenge to Oregon Marriage Ban
FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org
EUGENE, Ore. 鈥 A federal court will hear arguments today in a challenge to Oregon鈥檚 ban on marriage for same-sex couples. The challenge was filed on behalf of two same-sex couples and Basic Rights Education Fund by the 糖心Vlog; the 糖心Vlogof Oregon; Perkins Coie, LLP; and Johnson, Johnson & Schaller, PC.
"We stand today with our friends and allies in Oregon in the fight for the freedom to marry," said Amanda Goad, staff attorney with the 糖心VlogLesbian Gay Bisexual and Transgender Project. "We trust that the court will do the right thing and allow Oregon to join the ever-growing number of states across the country that grant the same protections and dignity to these families as anyone else."
Oregon Attorney General Ellen Rosenblum announced in February that the state would not defend the ban in court. "Sexual orientation does not determine an individual鈥檚 capacity to establish a loving and enduring relationship," she wrote in a brief filed with the court. "The ban cannot withstand a federal constitutional challenge under any standard of review."
Public support for the freedom to marry in Oregon is at a record high of 55 percent. More than 160,000 Oregonians have signed a petition to qualify a constitutional amendment overturning the marriage ban for the November ballot.
Similar marriage equality cases are making their way through courts all around the country. Since the U.S. Supreme Court鈥檚 decision striking down the heart of the federal Defense of Marriage Act last year in the 糖心Vlogcase U.S. v. Windsor, every federal judge who has ruled on a marriage case has ruled in favor of marriage equality.
"No one should be singled out for unfair treatment and discrimination because of who they are and whom they love," said Jeana Frazzini, the executive director of Basic Rights Oregon. "Marriage is a fundamental freedom, and freedom means freedom for everyone."
On Monday evening, the National Organization for Marriage, an anti-LGBT organization in Washington D.C., filed a motion to intervene in the case in defense of the ban and asked to postpone arguments. Judge McShane denied the motion to postpone, allowing today鈥檚 arguments to go on as scheduled, and set a hearing on the motion to intervene for May 14.
This is the second challenge to Oregon鈥檚 marriage ban to be filed. In October, attorneys Lake Perriguey and Lea Ann Easton filed the first case, Geiger v. Kitzhaber, on behalf of two couples. The two cases have been consolidated.
A report issued this month by UCLA鈥檚 Williams Institute estimates that allowing same-sex couples to marry would boost Oregon鈥檚 economy by $47.3 million over the course of the first three years, with $30.3 million in the first year alone. The analysis also predicts that wedding-related spending and tourism would generate more than 450 new jobs throughout the state.

LGBTQ Rights
Rummell and West v. Kitzhaber - Freedom to Marry in Oregon

LGBTQ Rights
Rummell and West v. Kitzhaber - Freedom to Marry in Oregon
Learn More About the 糖心Vlog in This Press Release
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Educators, ACLU, NEA-NH, and GLAD Law Sue New Hampshire Over Yet Another Unconstitutional Attack on Diversity, Equity, and Inclusion
CONCORD, N.H. 鈥 A diverse group of educators and advocacy groups filed a federal lawsuit today challenging a new anti-equity, anti-inclusion, and anti-diversity law in New Hampshire, which became effective on July 1, 2025, after being signed into law by Governor Ayotte in late June. The law, contained within House Bill 2鈥檚 budget provisions, seeks to ban diversity, equity, and inclusion programs pertaining to race, gender, sexual orientation, gender identity, and disability in New Hampshire schools (including both K-12 public schools as well as both public and private colleges and universities) and public entities like police departments and libraries. According to the lawsuit, this law radically contradicts federal civil rights laws that protect the rights of students with disabilities, violates the First Amendment rights of educators and students, and is vague and ambiguous under the United States and New Hampshire Constitutions. Megan Tuttle, NEA-New Hampshire president, stated, 鈥淎ll Granite State children deserve a high-quality education, safe and welcoming public schools, and the support they need to thrive. We know diversity, equity, and inclusion programs and initiatives are not only legally required in certain contexts but also create a sense of belonging where all students can feel comfortable sharing their ideas and stories. Vague and confusing laws that have the effect of censoring or limiting educators鈥 abilities to teach and accommodate students who may have special education needs can undermine the high-quality education that students deserve. New Hampshire educators are standing together against HB 2鈥檚 unconstitutional attack on those programs and standing up to politicians鈥 overreach into our classrooms. Our profession should be guided by what鈥檚 best for our students, not the threat of funding restrictions and punishment. We will never stop working to make sure every child feels safe, seen, and is prepared for the future.鈥 The lawsuit was brought by the state鈥檚 largest educator union, National Education Association 鈥 New Hampshire (NEA-NH), four school districts (Oyster River Cooperative School District, the Dover School District, the Somersworth School District, and the Grantham School District), trainer and consultant for diversity, equity, and inclusion James M. McKim, Jr., diversity, equity, and inclusion administrator and psychology professor Dottie Morris, and New Hampshire Outright, a nonprofit that provides training in public schools and entities on creating environments of inclusion and belonging for LGBTQ+ students. They are represented by lawyers from a broad coalition of organizations and law firms, including the 糖心Vlogof New Hampshire, the national ACLU鈥檚 Disability Rights Program and Racial Justice Program, National Education Association-New Hampshire (NEA-NH), GLBTQ Legal Advocates & Defenders (GLAD Law), and Drummond Woodsum & MacMahon. Devon Chaffee, executive director of the 糖心Vlogof New Hampshire, said, 鈥淭his new law threatens to revoke critical public funding from Granite State schools using vague criteria unless they cease programming and policies aimed at fostering equitable and inclusive environments for all 鈥 and that鈥檚 unconstitutional. Just like with our other two lawsuits, we will continue to fight these unwarranted and unconstitutional attacks on diversity and inclusion efforts and our right to learn.鈥 The law does not just seek to prohibit diversity, equity, and inclusion in public entities and public schools, but it also seeks to strip away millions of dollars in critical state (and possibly federal) public funding if K-12 public school districts guess wrong as to how the New Hampshire Department of Education interprets the vague law鈥檚 provisions. According to one estimate, state aid to school districts could amount to more than $1 billion annually. John Shea, the superintendent of the Somersworth School District, said, 鈥淟ooking at HB2鈥檚 attacks on diversity, equity, and inclusion, I鈥檓 worried that our legislature and our politicians may have lost sight of what these three words actually represent -- and just how important they are to our public education system. 鈥楧iversity鈥 simply is who we are here in Somersworth. It鈥檚 not a program, initiative or ideology. It cannot be legislated away. And equity -- or more particularly 鈥榚quitable opportunity鈥 -- is fundamental to the very idea of universal public education. As is 鈥榠nclusiveness,鈥 one of our community鈥檚 most cherished values. We strive for a welcoming environment for all, one that is strengthened by diverse perspectives. The State鈥檚 attacks on diversity, equity, and inclusion are an attack on all of this. Special education, ESOL programs (English for Speakers of Other Languages), and the free and reduced meals program included -- among many other examples. We have no choice but to fight the anti-DEI elements of HB2.鈥 Zoe Brennan-Krohn, director of the 糖心VlogDisability Rights Program, said, 鈥淣ew Hampshire's anti-DEI law is an expansive assault on the rights and freedoms of students and educators across the state. Among those potentially swept up in this vague law are students with disabilities, many of whom rely on accessibility and integration programs to succeed at school. Federal disability rights laws require public schools to identify disabled students to increase their achievement; state law cannot prohibit what federal law mandates.鈥 The law is already arbitrarily and selectively being enforced by the state Department of Education, which is aggressively applying it to private (including religious) colleges and universities that receive student scholarship funds through state grant aid programs (like UNIQUE Program state grants and the Governor鈥檚 Scholarship), but apparently not private K-12 schools (including religious schools) that receive public funds through Education Freedom Accounts. The law also applies to private colleges and universities (for example, Dartmouth College, Southern New Hampshire University, and Saint Anselm College) that receive any form of state funding, including those that receive state scholarship grants that help New Hampshire residents attend these colleges. For public and private colleges and universities in New Hampshire, the stakes for Granite Staters are severe: the amount at stake includes over $22 million in annual UNIQUE Program state grants and over $2 million in annual Governor鈥檚 scholarship program state grants, which are both distributed based on merit and need to New Hampshire residents who attend private or public New Hampshire colleges or universities. 鈥淭he lack of clarity about the expectations for how to comply with HB2鈥檚 anti-diversity, equity, and inclusion provisions, coupled with the severe and potentially devastating consequences a perceived violation may bring, have educators in a dilemma. As a result of this law, I am aware of several educators who will err on the side of caution out of concern and fear of engaging in some activity that might be perceived as diversity, equity, and inclusion related. The concern and fear of violating HB2鈥檚 directive will stifle educators鈥 abilities to adequately serve all of their students, to create school environments that support students from diverse lived experiences, and to ethically engage in their vocation,鈥 said Dottie Morris, a college administrator focusing on belonging and psychology professor, who is a plaintiff in this case. She is bringing suit only in her individual capacity. Also at stake are the millions of dollars the State provides for operating costs. All of this scholarship money and operational funding could be ripped away if public and private colleges and universities guess wrong as to how to comply with the law or with the education department鈥檚 interpretation of it. The lawsuit also raises concerns about how this law could impact school districts鈥 federally-mandated collection of demographic data, including racial and ethnic groups, in New Hampshire. James T. McKim, Jr., a plaintiff in the case and who works regularly with state and local government bodies to improve operations, including through diversity, equity, and inclusion practices, said, 鈥淚 am joining this suit because I believe the diversity, equity, and inclusion provision in HB2 goes against our Live Free or Die nature. It is unconstitutional. And it is harmful not only to me personally and to those in the protected classes mentioned in the law, but also to White people in our state and beyond. The work of helping organizations live into diversity, equity, and inclusion helps everyone.鈥 As the law was still making its way through the legislative process, disability rights advocates expressed clear concerns that essential services, programs, and trainings aimed at helping the lives of people with disabilities could be dismantled by the law. The legislature failed to address these concerns in the final bill language that was ultimately signed into law. Jennifer Eber, litigation director for the Disability Rights Center - New Hampshire, who is not part of this lawsuit but opposed the law, said, 鈥淔ederal laws require school districts to provide specialized instruction and related services to qualifying students with disabilities. These federal laws protect the fundamental right of students with disabilities to access a free appropriate public education. Disability Rights Center -New Hampshire opposes HB2's effort to undermine these federal laws and fully supports the request that the Court find HB2 both unconstitutional and preempted.鈥 The law also impacts LGBTQ+ students in New Hampshire and could be viewed as potentially requiring the removal of certain programming, for example, policies establishing non-discrimination protections for transgender students or making menstrual hygiene products available in gender neutral bathrooms. Heidi Carrington Heath, executive director of New Hampshire Outright, a plaintiff in the case, said, 鈥淣.H. Outright has been leading the way in caring for LGBTQ+ youth and their families for over 30 years. That includes a well-respected, evidence-based training program that many schools and communities across the Granite State have benefitted from. We know that creating healthier and stronger environments for LGBTQ+ youth does so for everyone. HB2 is an attempt to silence the voices of vulnerable Granite Staters and puts them at risk in a time when they need stronger supports than ever. We believe that it is critical to challenge this unjust law that is already causing harm to our organization, and communities.鈥 Hannah Hussey, staff attorney at GLAD Law, said, 鈥淭his law is yet another unconstitutional attempt by elected officials seeking to control and censor valued and trusted educational programs in New Hampshire simply because they don鈥檛 like them. Imposing vague bans on programs related to race, gender, sexual orientation, gender identity, and disability in our public schools and public and private colleges and universities will chill vital programs like special education services in our public schools, initiatives to increase the representation of girls in STEM, and other opportunities and resources to ensure equal opportunity for LGBTQ students, students of color, and students with disabilities. Such programs not only provide vital support for marginalized students, they contribute to an enriching environment for all students to get a well-rounded education, develop critical thinking skills, and learn to appreciate human differences.鈥 The court documents also outline how the law could forbid education programs designed to increase the representation of girls and women in STEM classes, the use of tuition waivers or campus recruitment efforts for older learners 50 and up, or opportunities for religious students through spiritual activities. This lawsuit follows several others filed in New Hampshire challenging anti-equity practices in education, including a 2021 lawsuit against a classroom censorship law that was struck down in federal court in May 2024, and one lawsuit filed on March 5, 2025 in New Hampshire by the 糖心Vlogof New Hampshire, national ACLU, NEA, and NEA-NH against the U.S. Department of Education. These practices were halted by the court in April 2024. 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Department of Education and others could view the District鈥檚 efforts to create relevant and engaging learning environments with well-rounded teachers and staff as violating HB2, thus jeopardizing much needed state and federal funding.鈥 Dr. Robert Shaps, the superintendent of the Oyster River Cooperative School District (ORCSD), said, 鈥淗B 2, as written, directly contradicts our legal responsibility to meet our obligations under a wide range of preexisting laws that require school districts to improve learning outcomes for demographic groups. It contains broad and ambiguous declarations coupled with unclearly defined prohibited practices and no guidance. These determinations are subjective and unreviewable, and conflict with our legal and ethical responsibilities to our students. The ability to provide and apply resources and services that ensure all students succeed academically is crucial to their success. In effect, the New Hampshire State Government is using financial force to impose an unclear directive regarding educational learning opportunities, despite its constitutional responsibility to provide adequate school funding without conditions. This unprecedented ability gives them the ability to immediately halt all sources of public funding without warning if a school or district, knowingly or unknowingly, fails to abide by any section of the anti-DEI provisions. We cannot stand by as the state attempts to bypass its own legal responsibilities while failing to provide due process to respond to violations and offering no chance of appeal. We hope this legal action will defend our right to deliver a high-quality public school education and support a democratic, informed, and engaged community as we work together to protect our children鈥檚 future.鈥 Christine Downing, the superintendent of the Grantham School District, said, 鈥淭he Grantham School District is taking a proactive stance to protect its students and educational programs by challenging the diversity, equity, and inclusion prohibition language of HB2. The District is committed to providing a high-quality education that prepares students for a diverse, global society, grounded in principles of inclusion and equity. Due to a severe lack of clarity regarding what constitutes 鈥楧EI-related programs, initiatives, policies, and training,鈥 the District believes it's essential to seek legal action. Without clear guidance from the Department of Education, the District cannot risk the possibility of arbitrary and unilateral actions by the Commissioner that could halt all sources of public funding. Joining this legal action is a necessary step to ensure the District can continue to provide the education our community expects and our students deserve.鈥 The complaint is available here: /cases/national-education-association-new-hampshire-v-formella?document=ComplaintCourt Case: National Education Association - New Hampshire v. FormellaAffiliate: New Hampshire -
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Press ReleaseAug 2025
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Tenth Circuit Rejects Challenge From Families Against Oklahoma Ban on Best Practice Medical Care
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Immigrants' Rights
LGBTQ Rights
Award Winning Fashion Designer Willy Chavarria Named 糖心VlogArtist Ambassador for Immigrants鈥 Rights & LGBTQ Rights
NEW YORK 鈥 The 糖心Vlog today announced that award-winning fashion designer Willy Chavarria will join the organization鈥檚 Artist Ambassador Program to advocate for immigrants鈥 rights and LGBTQ rights. He joins the Artist Ambassador Program during a pivotal year for both immigrants鈥 rights and LGBTQ rights, marked by several high-profile legal challenges, among them the fight to protect gender-affirming care for trans youth in U.S. v. Skirmetti; litigation against the Trump administration鈥檚 illegal deportations without due process under the Alien Enemies Act; and efforts to stop Congress from banning gender-affirming care from Medicaid to supercharge the mass deportation machine. Chavarria is a proud Mexican American and founder of the eponymous fashion label, WILLY CHAVARRIA. Throughout his career, he has woven politics, race, and sexuality into his designs, using his platform to advocate and raise awareness for social justice causes. His work with the 糖心Vloghas been wide-reaching, from his collaboration at New York Fashion Week with an ACLU-branded T-shirt, to hosting a pre-election conversation for voters called America: Real Talk at Parsons, to helping to launch Creatives for Freedom. Statement from Willy Chavarria, award-winning fashion designer and 糖心VlogArtist Ambassador for Immigrants鈥 Rights and LGBTQ Rights: 鈥淭he 糖心Vloguses every tool they鈥檝e got to fight for the rights of immigrants and the LGBTQ community, and I鈥檓 honored to be able to support them in that work. I鈥檓 Mexican American and I grew up in a farming community in California powered by immigrants; all of us exposed to the harsh realities of racial and economic injustice. My work as an artist and designer has been a dialogue between identity and art. My own Chicano culture, queer culture, and my family鈥檚 immigrant roots are intertwined in the fashion that my team and I create and in our activism. I believe in using our creative gifts to defend the rights of humanity and all impacted communities not given the same rights as others for who they are or because of where they鈥檙e from. I鈥檓 so grateful to join the 糖心Vlogin the fight for our rights.鈥 In addition to his many accolades, Chavarria was honored in TIME Magazine鈥檚 100 Most Influential People of 2025 list and his namesake label won the 2023 and 2024 CFDA Award nomination for menswear designer of the year. More about the ACLU鈥檚 immigrants鈥 rights work: Using targeted impact litigation, advocacy, and public outreach, the 糖心Vlogprotects the rights and liberties of people who are immigrants. For more than 25 years, the 糖心Vloghas been at the forefront of almost every major legal struggle on behalf of immigrants鈥 rights, focusing on challenging laws that deny immigrants access to the courts, impose indefinite and mandatory detention, and discriminate on the basis of nationality. In addition, the organization has challenged constitutional abuses that arise from immigration enforcement at the federal, state, and local levels, including anti-immigrant 鈥渟how me your papers鈥 laws at the state level and unconstitutional enforcement tactics by the federal government and local agencies. More about the ACLU鈥檚 LGBTQ rights work: The 糖心Vloghas been counsel in seven of the nine LGBTQ rights cases that the U.S. Supreme Court has decided, and bring more LGBTQ rights cases and advocacy initiatives than any other national organization. The ACLU鈥檚 current priorities are to end discrimination, harassment and violence toward transgender people, to close gaps in our federal and state civil rights laws, to prevent protections against discrimination from being undermined by a license to discriminate, and to protect LGBTQ people in and from the criminal legal system. Statement from Jessica Herman Weitz, national director of artist & entertainment engagement at the ACLU: 鈥淲illy鈥檚 passion and steadfast commitment to supporting immigrants鈥 rights and LGBTQ rights is evident in everything he does. His work tells the story of who he is as the son of immigrants and a proud member of the LGBTQ community, but rather than just letting his work speak for itself, he uses his platform and privilege to make the connections for why representation is important, and how the fabric of our nation is built upon all of the different people who come to this country seeking a better life. We are honored to have Willy join the 糖心Vlogas our newest artist ambassador.鈥 The 糖心VlogArtist Ambassador Project ties influential creative artists and influencers in film, television, music, comedy, fashion, sports, and literature with public education and advocacy for key 糖心Vlogissues. Each ambassador works with the 糖心Vlogon specific civil liberties issues, which include immigrants鈥 rights, voting rights, rights of LGBTQ people, women鈥檚 rights, reproductive rights, reducing mass incarceration, racial justice, and privacy and security. Other examples of how artists work with the 糖心Vloginclude: Joining Creatives for Freedom, which was launched by Gabriela Hearst, Willy Chavarria, and Padma Lakshmi in April 2025 Racial Justice Artist Ambassador, W. Kamau Bell, hosts long-form conversations on the ACLU鈥檚 podcast, 鈥淎t Liberty鈥 Immigrants鈥 Rights and Women鈥檚 Rights Artist Ambassador Padma Lakshmi traveling to the southern border to meet with people seeking asylum Videos to combat book bans and classroom censorship, like these with Jessica Williams, Tom Morello, Randall Park, and Pamela Adlon Supreme Court advocacy, like Annette Bening speaking on the steps of the Supreme Court in defense of gender affirming care; Laverne Cox, Miss Peppermint, and others for 糖心Vlogclient Aimee Stephens; and Ike Barinholtz around the 2020 census Social posts like Judy Blume for National Librarian Day