Tag Archives: heightened scrutiny

MONTANA: AG Tim Fox Fights On

Montana Attorney General Tim Fox is continuing to defend his state’s ban on same-sex marriage with a response brief that compares gay nuptials to incest and polygamy. The brief also makes the usual blah-blah procreation argument, but primarily focuses on the level of scrutiny issue. Dig into the full brief at Equality Case Files.

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Ninth Circuit Denies En Banc Review Of Pharma “Heightened Scrutiny” Ruling

The Ninth Circuit Court of Appeals today denied the request for an en banc review of the January three-judge ruling that applied heightened scrutiny to a case involving LGBT issues. One month after the earlier ruling, Nevada Attorney General Katherine Masto withdrew her defense of her state’s ban on same-sex marriage, saying that the application of heightened scrutiny removed any ...

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Ninth Circuit Court Of Appeals Might Review “Heightened Scrutiny” Ruling

In late January, a three-judge panel of the Ninth Circuit Court of Appeals invoked “heightened scrutiny” in its ruling that a gay juror had been improperly booted off the jury in a price-fixing lawsuit between two HIV pharma giants. As no federal court had previously applied heightened scrutiny to cases involving LGBT people, the establishment of that precedent has been ...

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Date Set For Nevada Marriage Case

Last month Nevada Attorney General Catherine Masto withdrew her defense, declaring that Ninth Circuit Court’s application of heightened scrutiny in an unrelated case means that Nevada’s ban is now indefensible. UPDATE: Press release from Lambda Legal. The U.S. Court of Appeals for the Ninth Circuit today set April 9, 2014 for oral arguments in Sevcik v. Sandoval, Lambda Legal’s lawsuit ...

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No Appeal For Heightened Scrutiny Ruling

In January, a panel of judges from the Ninth Circuit Court invoked heightened scrutiny in a ruling involving a gay juror who had been booted from a lawsuit between two HIV pharma companies.  The deadline to appeal that ruling passed last week and its impact on pending and future LGBT rights cases could be profound. Chris Geidner reports at Buzzfeed: ...

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NEVADA: Ninth Circuit Grants Lambda Legal’s Request For Expedited Hearing

Two days after Nevada Attorney General Katherine Masto withdrew her defense against Lambda Legal’s marriage equality lawsuit, the Ninth Circuit Court has granted Lambda’s request for an expedited hearing. Via press release: Lambda Legal Senior Attorney Tara Borelli issued the following statement: “The fact that the government defendants no longer are defending Nevada’s exclusion of same-sex couples from marriage makes ...

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BREAKING: Nevada AG Catherine Masto Withdraws Defense Of Gay Marriage Ban

Nevada Attorney General Catherine Masto has filed a motion with the Ninth Circuit Court of Appeals, withdrawing her defense of the marriage equality lawsuit against the state. Republican Gov. Brian Sandoval says he agrees with the move, saying it’s clear the state’s arguments supporting the ban are no longer defensible in court. The decision means Nevada will not argue to ...

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NEVADA: AG Reconsidering Marriage Defense After Heightened Scrutiny Ruling

Two days ago Democratic Nevada Attorney General Catherine Masto earned widespread criticism when she filed a defense brief that compared same-sex marriage to incest and bigamy. Last night Masto declared that she is reconsidering that brief in light of the Ninth Circuit Court’s application of heightened scrutiny in an unrelated ruling that gays cannot be peremptorily booted off of juries. ...

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