SCOTUS Denies NOM Request For Stay On Oregon Marriage Equality

Marriage equality came to Oregon on May 19 when openly gay federal district court judge Michael McSchane struck down the state's constitutional ban on same-sex marriage. The National Organization for Marriage was displeased with this and filed a motion to intervene in the case when the attorney general and governor of the state indicated they agreed with the decision, going to the extreme position of asking Supreme Court justice Anthony Kennedy to issue a stay while they appeal the decision of the court to deny their request to intervene in the case.

Today the United States Supreme Court denied NOM's motion for a stay so marriage equality is safe for the near and foreseeable future in Oregon, as well as 18 other states where marriage equality is the law of the land.

The appeal of the intervention denial now continues at the 9th Circuit Court of Appeals, but same-sex couples will continue to be able to marry during the time that is happening. 

The 9th Circuit, which is hearing that appeal, denied NOM’s request to stop the trial court decision striking down the ban from going into effect during the appeal. NOM then went to Justice Anthony Kennedy to ask him to stop the marriages while that appeal is pending before the 9th Circuit. 

Kennedy, who hears procedural matters brought to the court from the 9th Circuit, referred the request to the full court, which denied the request without comment on Tuesday. 

NOM’s appeal of the denial to intervene is the only matter left pending in the case because Oregon state officials had not fought the lawsuit, having agreed with the plaintiffs that the ban is unconstitutional. They had said that they would not appeal the decision if U.S. District Court Judge Michael McShane struck down the ban.

The only state that has had marriage equality is California, and it has since had marriage equality restored since last summer's Supreme Court decision in Hollingsworth v Perry.

Hat/tip to Buzz Feed