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Breaking: Supreme Court Wades In To Oregon Marriage Ruling

by David Badash on May 28, 2014

in Marriage,News

Post image for Breaking: Supreme Court Wades In To Oregon Marriage Ruling

Late yesterday, the National Organization For Marriage officially requested the U.S. Supreme Court to stay the ruling by a federal judge that found Oregon‘s ban on same-sex marriage unconstitutional. Today, Justice Anthony Kennedy responded, requesting information from both parties in the case.

That means Justice Kennedy may intervene in the case, stay the ruling, and halt any future marriages, or he may decline to accept NOM’s motion, or he may pass the entire case to the full Court, which would then make a determination to proceed or to decline to intervene.

Court watchers believe that NOM does not have standing to defend Oregon’s marriage ban, and that Judge Michael McShane appropriately ruled on the case when he handed down his decision nine days ago. NOM had waited eight days to make the formal request.

The Oregonian, which broke the news tonight, reports that “David Fidanque, executive director of the Oregon chapter of the American Civil Liberties Union, said he thought it was good that Kennedy “will have a more complete record” before acting.

Fidanque, whose group represents some of the plaintiffs in the case, noted that he particularly wants Kennedy to see a transcript of McShane’s oral ruling explaining why he would not allow NOM to intervene in the case.  He noted that NOM did not include this in its brief.

Lake Perriguey, a Portland attorney who represents two of the couples who sought the right to marry, said he thought Kennedy was simply being careful.

“I don’t think there’s much to take from it,” Perriguey said. “Courts don’t like to make knee-jerk reactions to things.”

Meanwhile, NOM’s chairman, John Eastman, is calling Kennedy’s move “a very good sign.”


Image, top, by HRC via Twitter
Hat tip: Towleroad


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Robroberts2013 May 28, 2014 at 8:28 pm

My take on this? NOM is so completely and obnoxiously out of its mind for claiming standing based on its invisible, anonymous members that their claim to have any sway in this case is laughable. And for them to kick it up to the Supreme Court, it will be perceived by Kennedy as being frivolous and a waste of the courts time. I bet you Kennedy will smack NOM down HARD. They will learn that their last-minute attempts to insert themselves into this case and their baseless claims of "irreparable damage" make a mockery of the legal system. NOM will live to severely regret their infantile and ill-advised tactics.

stemke2010 May 28, 2014 at 8:33 pm

I don't understand this move by Kennedy. Much like California and the Prop 8 case, Oregon is not defending their marriage equality ban. The SCOTUS ruled in Prop 8 that proponents of the ban didn't have standing to defend it in court. How is NOM trying to defend it any different, and why would we expect a different decision from SCOTUS in the Oregon case? I don't see how this case would be decided any differently, at least not to the point where a more sweeping ruling could result. Any legal minds out there?

weshlovrcm May 28, 2014 at 8:47 pm

It's a "very good sign," in the opinion of some, because it can be used to motivate the deceived into sending more money to these false prophets. And money, after all, is the only "morality" at work here.

ImcalledDale May 29, 2014 at 6:14 am

If NOM thinks it has standing because of donors in the same state, then their donors need to come out of their own closet and claim standing.

fpcinnyc May 29, 2014 at 10:45 am

Grifters need a new angle to keep this long con going. That's all this is.

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