Late yesterday, the National Organization For Marriage officially requested the U.S. Supreme Court to stay the ruling by a federal judge that found Oregon‘s ban on same-sex marriage unconstitutional. Today, Justice Anthony Kennedy responded, requesting information from both parties in the case.
That means Justice Kennedy may intervene in the case, stay the ruling, and halt any future marriages, or he may decline to accept NOM’s motion, or he may pass the entire case to the full Court, which would then make a determination to proceed or to decline to intervene.
Court watchers believe that NOM does not have standing to defend Oregon’s marriage ban, and that Judge Michael McShane appropriately ruled on the case when he handed down his decision nine days ago. NOM had waited eight days to make the formal request.