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View Diary: Judge rules for marriage equality in Oregon (89 comments)

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  •  Will it get stayed? (6+ / 0-)

    All other rulings on SSM were. And this could get brought up to a referendum again.

    •  No and this is likely to be unassailable on appeal (12+ / 0-)

      Even if they get a bad panel on the 9th Cir., any appellant (ATM, nobody actually has standing to appeal, but NOM may try) would have to get decades (centuries?) of precedent on standing overturned.  If the 9th Cir. or SCOTUS were going to go there, they could've gone there in the California case, as once it gets to the 9th Cir., the issue is pretty similar to the California case's issue - a failure of standing.  It's always wise to expect the unexpected but this is likely the end of the story for Oregon's quest for equal marriage and any appeal will be quixotic because it will be mired in long-established civil procedure problems.

      As an interesting side note, although equal marriage supporters say that they were getting signatures for an initiative to support equal marriage had Judge McShane ruled against them (which I found highly unlikely), the only petitioners that I'm regularly accosted by at MAX stations are the ones seeking to legalize marijuana. Given that they're going to top collecting signatures, they also seem to believe that this ruling is the end of the story.

      Of all of the equal marriage cases, IMHO this result was the least surprising.  It was difficult to imagine any other outcome, given how essentially every procedural ruling by McShane was both so thoroughly against potential intervenors and also so obviously required by the FRCP.

      "The first drawback of anger is that it destroys your inner peace; the second is that it distorts your view of reality. If you come to understand that anger is really unhelpful, you can begin to distance yourself from anger." - The Dalai Lama

      by auron renouille on Mon May 19, 2014 at 12:41:52 PM PDT

      [ Parent ]

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