Judge Slams NOM And GOP: Your Appeal Of North Carolina Marriage Ruling Is ‘Merely Academic’

A federal judge has slammed both the state GOP and NOM, allowing them standing to intervene in the North Carolina marriage case but making clear it’s merely an “academic” exercise.

The GOP in North Carolina isn’t happy about its anti-gay marriage ban being declared unconstitutional on Friday, so it hired John Eastman, the chairman of the National Organization For Marriage, to help them fight a federal court ruling.

Keep in mind that NOM has lost practically every legal battle they’ve waged, but why would that stop North Carolina Republican leaders like House Speaker Thom Tillis and Senate leader Phil Berger?

Yesterday, United States District Court Judge William Osteen stated that while it is “a very close issue,” he would grant standing to NOM and the GOP.

But Osteen was quite clear in managing the perception of his ruling.

“In reaching this conclusion, this court is not expressing an opinion on the relative merits or demerits of any appeal, only that there is an appeal right that a party with arguable standing and interest has sought to preserve,” Osteen wrote.

“Notwithstanding some of the ongoing cases on a national level, this discussion is merely academic in this court,” Osteen, a President George W. Bush appointee, stated.

Bam!

Judge Osteen also takes GOP/NOM to task, quoting their petition to intervene and pointing out all the errors and false legal conclusions they made.

“Plaintiffs cite two circuit cases in support of their argument,” Osteen writes. “However, neither of these cases directly addresses the factual and procedural history present in either of these cases…”

Ouch.

“Intervention will be substantially limited in this court,” Osteen warns NOM/GOP. “Although it is a very close issue, this court concludes that the motion to intervene should be granted, but only for the purpose of lodging an objection and preserving that objection to this court’s application of Bostic. In reaching this conclusion, this court is not expressing an opinion on the relative merits or demerits of any appeal, only that there is an appeal right that a party with arguable standing and interest has sought to preserve.”

Joe Jervis calls Osteen’s ruling a “smackdown.”

Meanwhile, same-sex couples in North Carolina are getting married.

 

Image via Twitter
Hat tip: Joe Jervis