Ninth Circuit Court To Alaska: Get Lost

Via the Fairbanks Daily New-Miner:

The 9th U.S. Circuit Court of Appeals has rejected Alaska’s request that an 11-judge panel review a decision overturning the state’s ban on same-sex marriage. Now, gay and lesbian couples will continue to be allowed to wed in Alaska unless the state wins before a three-judge panel at the 9th Circuit Court of Appeals — which has already ruled against other states’ bans on same-sex marriage — or successfully appeals to the U.S. Supreme Court. Meanwhile, Gov.-elect Bill Walker said Thursday he plans to evaluate the case to see whether his administration will continue to defend the ban, indicating a shifting stance from before the election, when he called the current administration’s defense an “unwise” use of state money. On Tuesday, a deadline passed without action by the 9th Circuit: None of the 29 judges on the court, which oversees Alaska and eight other states, had asked for a vote to hear Alaska’s appeal under what is called an “en banc” review before an 11-judge panel. That meant the state’s request was denied, though the appeal remains alive.

So far Alaska has spent over $100K defending its ban on same-sex marriage. If the plaintiffs are awarded their legal fees, that amount could go higher than $350K.