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Federal Judge Tells Anti-Gay Group: No, We Won’t Delay Tomorrow’s Case Just For You

by David Badash on April 22, 2014

in Marriage,News

Post image for Federal Judge Tells Anti-Gay Group: No, We Won’t Delay Tomorrow’s Case Just For You

A federal court judge has smacked down the National Organization For Marriage‘s request to delay tomorrow’s long-scheduled hearing in the first day of a same-sex marriage case in Oregon. In a case suing the state for the right to marry, the attorney general has refused to defend the law in court, and no other party had requested to defend the law. Until yesterday.

The National Organization For Marriage has had since February to ask the court to be allowed to defend the law, yet waited until yesterday — less than 48 hours before the start of the trial — to make that request.

Just moments ago, the court denied their request to delay the start of the trial, and notified NOM it would consider its request to defend the law at a later date.

NOM chairman John Eastman had the temerity in a press release to actually attack the judge in the case, U.S. District Judge Michael McShane, suggesting a conflict of interest because the judge is gay.

“These recent news reports suggest that Judge McShane is in the same position as the two gay men challenging the marriage amendment, raising troubling questions about his impartiality,” Eastman said.

Noting that the National Organization For Marriage is based in Washington, D.C., not Oregon, Oregon United for Marriage says “oral arguments will proceed as scheduled tomorrow afternoon at the Federal Courthouse in Eugene. However, the judge will consider NOM’s motion to intervene in the case and has scheduled oral arguments on that issue for May 14th. If the motion to intervene is accepted, Judge McShane would then schedule a second briefing schedule on summary judgement or move the case to trial.”


Image by Fibonacci Blue via Flickr under a CC License

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Zack12 April 22, 2014 at 5:48 pm

I wish he would have told them to jump off a cliff but undertstand why he didn't.
I do hope that on May 14th, he denies their motion. They had all the time in the world to step in and intervene and chose not to.
This is simply delaying full equality in Oregon and nothing more.

david0296 April 22, 2014 at 6:37 pm

They don't have legal standing. They lose. Simple as that.

melewis1961 April 22, 2014 at 7:08 pm

This was just a ploy by NOM to keep the courts from moving forward on this issue. Good for the judge, he didn't let them walk all over the court system.

Meri70 April 23, 2014 at 5:38 am

All they are trying to do is delay, hopefully enough cases end up in the supreme court, that they just make it law that every state has to have Equality.

Bose_in_SP_MN April 23, 2014 at 11:58 am

It will be entertaining to see NOM's first real intervention in a federal court, eh? It will be no easy thing to find a couple of bakers and wedding venue owners to put their livelihood on the line for NOM. Whatever rag-tag group NOM manages to assemble will still not have standing, or NOM will make itself even more of a laughing stock and champion of failure if they withdraw because no one would come forward. Frost the whole stinking mound with an icing of the disorganized rambling Eastman demonstrated during his deposition of Fred Karger, and this thing will be a hoot!

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