Brian Brown whines over the 9th Circuit Court Smackdown

Of course, Brian was going to cry about NOM's big loss. But he shouldn't be shocked about it, they have been on this losing streak for awhile.

Brian said on his blog

"We are of course disappointed with the Ninth Circuit's decision today. The Ninth Circuit did not reach the appeal of the denial of motion to intervene, holding instead that even if NOM had been allowed to intervene on behalf of its members (including Oregon voters, wedding services providers, and a county clerk), it had no standing to appeal the judgment below even though the elected officials of the state refused to provide any defense of the marriage amendment adopted by a strong majority of Oregonians.

"We believe that the decision conflicts with a prior Ninth Circuit opinion specifically recognizing that a County Clerk with the duty to issue marriage licenses likely would have standing to intervene and appeal an adverse judgment. NOM alleged under oath that it had among its members just such a county clerk, and it sought to intervene on the clerk's behalf under the Supreme Court's well-established precedent in the case of NAACP v. Alabama allowing membership organizations to pursue the interests of their members when there are substantial hurdles to the members litigating in their own name, such as the real threats of harassment and violence that have been manifested elsewhere in the country around the marriage issue. Because of that conflict, we will certainly be exploring whether to file a petition for rehearing en banc with the full Ninth Circuit or whether we will seek review in the Supreme Court itself.

"Ultimately, though, NOM remains concerned that a sovereign act of the people of Oregon went entirely undefended by the elected officials of Oregon, an abdication of duty that resulted in the long-standing understanding of marriage in Oregon being rewritten by a single federal court judge. The policy fight over the definition of marriage is something that should ultimately be resolved by the people, not unelected judges. For now, Oregonians have been denied their voice on that important policy issue, and that is truly regrettable."

Federal Appeals Court Smacks Down NOM's attempt to halt Oregon's Marriage Equality

Oh NOM...

The 9th U.S. Circuit Court of Appeals has denied NOM's request to halt marriage equality in Oregon to intervene.

The court basically slammed the door in NOM's face. Now, it's up to them if they want to take the case to the Supreme Court.

Will NOM appeal? Who knows, but it's clear, this is just one out of many defeats in their foolishness.

If they don't appeal to the Supreme Court, all threats against marriage equality is done.

source

Prop 8 possibly Heading to the Supreme Court

 The rehearing of the Prop 8 case was denied by the 9th Circuit Court of Appeals 

AFER reports:

AFER’s federal constitutional challenge to Proposition 8 is now entering its final stage. The Ninth Circuit Court of Appeals decided today it will not rehear our case. Now, there are only two things that could happen:

1. Couples start getting married again in California; or
2. Our case for marriage equality goes to the U.S. Supreme Court

And now it looks like the case is going to the Supreme Court

Supporters of the 2008 ban, Proposition 8, have lost two rounds in federal court but have made clear they will appeal to the U.S. Supreme Court and hope for a favorable response from the conservative-leaning court.

The top U.S. court could agree to hear the matter in the session beginning in October, putting it on track to decide the case within a year.

"We're not end of the line yet, but we are vastly closer," said Theodore Olson, an attorney for the two gay couples challenging the ban.

An attorney for the ban supporters said that his team was preparing for the next round. "We will promptly file our appeal to the nation's highest court and look forward to a positive outcome on behalf of the millions of Californians who believe in traditional marriage," Andrew Pugno said in a statement.

Exciting times!