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A couple months ago, Oregon's Attorney General decided not to argue in court to keep the ban, so the National Organization for Marriage says it will do it.

 

John Eastman with the group just filed the motion to intervene in the case.

 

"Look our system is based on an adversarial process. It's a legal problem when the court is all in agreement.  It deprives jurisprudence when there is no active case or controversy.  Quite frankly, you'd think our motion remedies that problem and you would hope the judge will welcome our participation as a result."

 

Judge Michael McShane will start hearing oral arguments at 1:30 Wednesday afternoon and it's unclear when he will rule whether the National Organization for Marriage can intervene. 

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