May 28, 2014
The National Organization for Marriage (NOM) has filed an application with the Ninth Circuit’s Circuit Justice, Anthony Kennedy, requesting “an immediate stay pending appeal of an order denying intervention and of the judgment and injunction entered by the United States District Court for the District of Oregon, invalidating and enjoining enforcement of Oregon’s marriage laws to the extent they limit marriage to man-woman unions.”
The district court judge, Michael McShane, and the motions panel at the Ninth Circuit, had previously rejected their request for a stay. SCOTUSBlog has more:
The NOM application noted that, in January, the Supreme Court had temporarily blocked a federal judge’s ruling striking down a Utah ban on same-sex marriages, and argued that the Court appeared to be wanting to keep for itself the ultimate resolution of whether such bans are unconstitutional. Every other recent ruling against such a ban has been put on hold in lower courts, NOM noted.
In asking the Supreme Court to step in, NOM argued that it is not just a bystander in the Oregon dispute, but is acting for its members who have their own legal interests at stake – including that of a county clerk who would have to issue marriage licenses under the judge’s order against the ban.
NOM contended that its case “squarely presents the question that this Court left open last Term, namely, whether in their primary role for determining marriage policy, individual states may adhere to the long-standing definition of marriage as an institution rooted in the unique biological complementarity of men and women.”
Justice Kennedy can decide to grant or deny the request on his own, or refer it to all nine Justices.
Thanks to Kathleen Perrin, and Lyle Denniston at SCOTUSBlog, for these filings