Judge McShane has stated that he plans to publish his ruling regarding Oregon's marriage equality ban on Monday at noon PDT. Same-sex (civil) marriages could occur as early as Monday depending on how Judge McShane rules.
Same-sex marriages in Oregon could begin as early as Monday, depending on how a U.S. District Court judge in Eugene rules on a lawsuit challenging the state's voter-approved ban.NOM had filed a motion to intervene in this case, and Judge McShane held a hearing on that issue on May 14, 2014. He then denied NOM's motion. NOM has now appealed that decision to the US Court of Appeals for the Ninth Circuit. I'm not certain that NOM has standing to appeal that ruling, but perhaps some of our lawyer friends could help us understand the issue. I first wrote about NOM's motion to intervene here.
Judge Michael J. McShane released a statement Friday saying he intends to issue an opinion on pending motions for summary judgment at noon.
The announcement comes two days after McShane, in a decision from the bench, rejected a motion by the National Organization for Marriage to intervene in the case.
That decision left no parties to the proceeding formally opposing same-sex marriage. Oregon Attorney General Ellen Rosenblum had previously announced that her office would not defend the constitutional limit of marriage to one man and one woman.
Four gay and lesbian couples are plaintiffs in an action seeking the right to marry.
The Multnomah County workers responsible for issuing marriage licenses have already indicated they are ready to serve same-sex couples if McShane opens that door with his opinion.
BREAKING: Appeals court denies group's request for emergency stay blocking Oregon gay marriage ruling.— The Associated Press (@AP) May 19, 2014
9:07 AM PT: NOM has now filed for an emergency stay of district court action pending resolution of their request for to intervene.
11:19 AM PT: The Ninth Circuit has denied NOM's request for an emergency stay.