Ninth Circuit won’t reconsider NOM’s bid to appeal Oregon gay marriage ruling

U.S. Court of Appeals for the Ninth Circuit in San Francisco Staff Reports

A federal appeals court has denied a request by the National Organization for Marriage that the court reconsider its motion to appeal a federal judge’s ruling that struck down Oregon’s ban on same-sex marriage.

In August, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit rejected the NOM’s attempt to appeal the May 19 ruling, upholding the District Court’s ruling that it lacked standing to intervene in the case.

In September, the NOM requested an en banc hearing, asking that an 11-judge panel of the Ninth Circuit reconsider its request.

On Monday, the court denied that request in a brief order stating, “No judge has requested a vote on whether to rehear the matter en banc.”

The NOM sought to intervene in a challenge to Oregon’s same-sex marriage ban after Attorney General Ellen Rosenblum refused to defend the ban and joined the plaintiff couples in asking the court to throw it out.

On May 19, U.S. District Judge Michael McShane declared the ban unconstitutional, and same-sex couples in Oregon have been marrying ever since.

In June, the U.S. Supreme Court denied NOM’s request to halt the marriages while it tried to gain standing to appeal.

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