The National Organisation for Marriage (or NOM, but not the cool kind of eating onomatopoeia) filed a motion today to stay and appeal the court ruling in Oregon legalising same-sex marriage in that state. The appeal was denied immediately.
NOM's motion is pretty long. What it basically boils down to is, "Oregon's state administration is failing to argue our side, waaaaah. You should let us argue our bigotry, waaaaah!"
Despite the State Defendants' assertion that they have considered all justifications that might be offered in defense of Oregon's marriage law "and have found nothing to present to this Court," there are perfectly plausible, indeed persuasive, counterarguments on every single point addressed by the State Defendants. But the District Court never heard, and this Court will never have the opportunity to consider, such arguments absent intervention by someone willing and able to make them.
Although the Ninth Circuit Judges Levy, Hurwitz, and Callahan (repping the family well, thanks! ) probably were completely professional, I still like to imagine them handing down the appeal denial with a Simpsons' Nelson-esque "HAHA!" Well in any case, they only spent two sentences and a precedent citation telling NOM to GTFO:
Appellant's emergency motion to stay district court proceedings pending appeal is denied. See Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20(2008). The briefing schedule established previously remains in effect.
NOM has recently been in trouble for shenanigans in Maine during that state's same-sex marriage referendum. It doesn't look good for the group, they may have to pay up to $50,000. A pittance though, compared to its donor totals.
Frankly I can't wait for this organisation to outlive its "usefulness" to its supporters. That way we can go back to NOM's real meaning.
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