The National Organization for Marriage Files Last Minute Appeal; Decision Still Coming at Noon

By Daniel Borgen, PQ Monthly

On Monday morning, NOM filed an appeal with the Ninth Circuit, requesting a stay on today’s ruling.

I suppose we shouldn’t have expected them to slink away quietly, though I sure wish they would have. You can read NOM’s sad appeal here, but I’d rather you focus on the response from the legal team representing the plaintiffs in the marriage case. It says, in part:

“The National Organization for Marriage, Inc. (“NOM”) has filed an appeal of the denial of its motion to intervene. On Friday, May 16, 2014, the district court entered an order stating that it would issue a decision on the pending motions for summary judgment on Monday, May 19, 2014, at noon. NOM has moved in this Court for a stay of proceedings in the district court. Plaintiffs will file full briefing in opposition to that motion. With this short submission, Plaintiffs request that this Court not issue a temporary stay of proceedings during the pendency of NOM’s motion for stay.

A temporary stay of proceedings is unwarranted. The present appeal and stay motion were initiated by a non-party, which seeks review, not of the district court’s forthcoming merits decision, but of the denial of its motion to intervene. In this case, it is clear that there will be no appeal with a potential to alter the judgment.”

In short, there’s no way any appeal would end up altering the decision, so just let it stand–here and now, today. We’ll be waiting for the decision at Crushan event open to the public–and there is also a celebration at Oregon United for Marriage’s campaign headquarters and later on this afternoon at the Melody Ballroom.

As we all wait to hear the good word, do some preemptive celebrating by reading Lake Perriguey’s blog, which has the full transcript of Judge McShane denying NOM’s motion to intervene in Geiger v. Kitzhaber. It’s good stuff!

Stay with us online today–we’ll have the decision, reactions, and more from Lake and other legal experts. And you can follow along in real time today via Oregon United for Marriage.

PS: NOM sucks.