United States Supreme Court Denies Stay of Oregon Same-Sex Marriage Ruling

Without dissent or opinion, the United States Supreme Court denied the application of stay in National Organization for Marriage v. Geiger.  The application was made to Justice Kennedy (as Circuit Justice) and "by him referred to the Court." 

The National Organization for Marriage (NOM) was not a party to the orginal case, Geiger v. Kitzhaber in which Oregon District Judge Michael McShane declared unconstitutional the state’s same-sex marriage prohibition in Article 15 of the state constitution, as we discussed here.

Recall that Oregon conceded that the state law was unconstitutional; hence the application by NOM.  However, while Judge McShane did not analyze defendant standing or Article III "case and controversy" in Geiger, NOM's application for a stay in Geiger raises even more serious Article III issues after Hollingsworth v. Perry.