Update: 11:20 a.m.: PORTLAND, Ore. (AP) — Appeals court denies group’s request for emergency stay blocking Oregon gay marriage ruling.
In a flurry of court activity Monday morning, lawyers for Oregon United for Marriage filed a request asking judges on the Ninth Circuit Court of Appeals not to issue a temporary stay requested by a national group, should the ban be overturned.
Earlier in the day, the National Organization for Marriage had requested an emergency stay should U.S. District Judge Michael McShane strike down Oregon’s same-sex marriage ban. His decision is expected at noon.
“A temporary stay of proceedings is unwarranted. The present appeal and stay motion were initiated by a non-party, which seeks review, not of the district court’s forthcoming merits decision, but of the denial of its motion to intervene. In this case, it is clear that there will be no appeal with a potential to alter the judgment,” lawyers for Oregon United for Marriage write in the request.
State Attorney General Ellen Rosenblum also issued a preliminary response to the higher court:
“Moreover, the fact that the Attorney General determined that Oregon’s ban on same-sex marriage is unconstitutional under the federal constitution does not, as NOM asserts, mean that there is no ‘adversity’ and thus no jurisdiction in this case. The Attorney General is enforcing and will continue to enforce the ban on same-sex marriage until such time as she is directed not to.”
Today’s ruling comes after four same-sex couples challenged Ballot Measure 36, which amended the Oregon Constitution in 2004 to say “only a marriage between one man and one woman shall be valid or legally recognized as marriage.”
Rosenblum said she would not defend the ban in February, leaving the ban undefended.
NOM originally requested to intervene in the matter in April and McShane permitted the group to speak on behalf of its Oregon members in May. McShane later denied their request.
The Associated Press contributed to this report.