Tags: US | | Idaho | Gay Marriage

Appellate Court Won't Reconsider Idaho Gay Marriage

Friday, 09 January 2015 09:05 PM

BOISE, Idaho (AP) — The 9th U.S. Circuit Court of Appeals has denied Gov. C. L. "Butch" Otter's request for a review of the court's ruling last year that overturned Idaho's ban on gay marriage.

Otter had requested that an 11-judge panel review the October decision by three judges that Idaho's same-sex marriage ban was unconstitutional. On Friday, the 9th Circuit rejected Otter's request.

Gay couples have been able to marry since shortly after the original appellate court ruling. Four lesbian couples in 2013 filed the lawsuit nearly a year ago challenging the state's marriage ban.

The National Center for Lesbian Rights praised Friday's decision, saying the original three-judge ruling was consistent with other federal judicial decisions, "which have rightly concluded that our Constitution cannot tolerate the profound harm that denying same-sex couples the freedom to marry inflicts those couples and their children."

Last week, Otter and Idaho's attorney general filed separate petitions to the U.S. Supreme Court, fighting against gay marriage and arguing that the state's case has national consequences.

Attorney General Lawrence Wasden's filing stated that the issue is a matter of a state's right to define marriage without the federal government's involvement.

Otter asked the Supreme Court to review Idaho's case alone or in addition to a pending case involving the 6th U.S. Circuit Court of Appeals that upheld the right of Kentucky, Michigan, Ohio and Tennessee to decide whether to allow gay marriage.

Otter's petition maintains that unlike in other states, Idaho's public officials have not shied away from defending a broad definition of heterosexual marriage.

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Friday, 09 January 2015 09:05 PM
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