The Oregon attorney general has refused to challenge a judge's ruling in May that found the state's ban on gay marriage unconstitutional. The National Organization for Marriage has been attempting to win standing to appeal.
In a filing Tuesday with Justice Anthony Kennedy, who handles emergency matters for Western states, NOM said that in Oregon a position decided by voters in a referendum was "invalidated at the behest and encouragement of its elected officials." Oregon held the vote in 2004 after Multnomah County, which includes the city of Portland, issued marriage licenses to same-sex couples.
Kennedy referred the matter to the entire court, which issued a one-sentence decision denying the group's request.