A U.S. Supreme Court justice has yet to decide whether to block a federal judge’s order declaring Oregon’s same-sex marriage ban unconstitutional.

Greg Kabel

The National Organization for Marriage is seeking a stay of Judge Michael McShane’s May 19 ruling while it appeals an earlier decision that prohibited the group from defending the marriage ban on behalf of its Oregon members.

Justice Anthony Kennedy hears emergency appeals from the region that includes Oregon. He asked that legal briefs be filed by Monday.

Oregonians voted against gay marriage in 2004. The National Organization for Marriage contends Oregon Attorney General Ellen Rosenblum should have defended the will of voters when McShane heard arguments to overturn the ban.

Rosenblum said she agreed with plaintiffs that the ban violated the federal constitutional rights of same-sex couples.