Supreme Court Justice Anthony Kennedy
on Wednesday set a Monday deadline for litigants to file responses in
an attempt to stay a federal court's order striking down Oregon's ban
on gay marriage.
On Monday, May 19, U.S. District Judge
Michael McShane declared Oregon's 2004 voter-approved constitutional
amendment limiting marriage to heterosexual couples invalid.
The state, which sided with plaintiffs
in the case, immediately implemented McShane's order, making Oregon
the 18th state to allow gay couples to marry.
After being turned down by district and
appellate courts, the National Organization for Marriage (NOM), the
nation's most vociferous opponent of marriage equality, asked Justice
Kennedy, who has jurisdiction over Oregon, to stay McShane's ruling
so it may pursue a motion before the Ninth Circuit Court of Appeals
in San Francisco to intervene in the case.
NOM argued in its appeal to Kennedy
that without the ban many of its members in Oregon “will suffer
particular harm,” including “a county clerk and several members
of the wedding industry who will suffer material harm if the ruling
is implemented.”
Kennedy, who may act on his own or
refer the matter to the full court, asked for responses to be filed
by 1PM Monday.
Related: Maine
ethics committee finds gay marriage foe NOM guilty; Imposes record
fine.)