Supreme Court denies National Organization for Marriage's stay request in Oregon gay marriage ruling

By Kyle Johnson,

The U.S. Supreme Court announced on Wednesday that they won't grant the National Organization for Marriage's stay on a federal judge's ruling that overturned Oregon's gay marriage ban in May.

As previously reported, U.S. District Judge Michael McShane ruled that the same-sex marriage ban was unconstitutional and struck it down.

When the ruling was handed down, Multnomah County clerks were ready to begin issuing marriage licenses to gay couples, making good on a promise state officials made ahead of the ruling.

Since Oregon and state Attorney General Ellen F. Rosenblum opted not to defend the same-sex marriage ban, NOM attempted to step in, but McShane refused to give them a chance, the Los Angeles Times reports.

The organization also attempted to get the 9th Circuit Court of Appeals to issue a stay, which the appeals court refused to do. So NOM decided to go before the U.S. Supreme Court, who continued NOM's court losses with another denial.

"Obviously, we're delighted" by the ruling, ACLU of Oregon director David Fidanque said. "Since last June's decision by the U.S. Supreme Court [overturning the federal Defense of Marriage Act], every federal court that's looked at this question has concluded that state bans on marriage by same-sex couples are unconstitutional."

Despite racking up court losses, NOM still has one last chance as the 9th Circuit, though denying a stay on McShane's decision, will be ruling eventually on if the organization should have been allowed to defend the ban in place of the state.

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