Tag Archives: Ninth Circuit Court

In a reply brief to Supreme Court Justice Anthony Kennedy, Idaho Gov. Butch Otter today declared that his state’s ban on same-sex marriage does not discriminate against gay people because they remain completely free to marry any person of the opposite sex. Respondents take offense at the notion that Idaho’s man-woman marriage definition does not discriminate on its face against …

“Led by activist in chief, Stephen Reinhardt, the three-judge panel scrapped the marriage laws of two more states just 24 hours after the Supreme Court left voters vulnerable to the benches’ attacks. Reinhardt is one of the most overturned judges in U.S. history, whose portfolio includes striking down the Pledge of Allegiance because it ‘indoctrinates our nation’s children with a …

“We are pleased that Justice Kennedy has ordered a stay of the ruling in the Ninth Circuit. The idea that same-sex marriage can be imposed upon the people of this country against their will is completely inconsistent with our constitutional principles and runs contrary to the very essence of a republican form of government. We once again call upon the …

The Coalition For The Protection Of Marriage, who defended Nevada’s marriage ban after the governor and attorney general dropped their appeals, has joined Idaho Gov. Butch Otter’s request for an emergency stay until an en banc rehearing by the Ninth Circuit Court. Early this morning Supreme Court Justice Anthony Kennedy issued a stay order that some media outlets are reporting …

Via the Idaho Statesman: Earlier this morning, Idaho Gov. Butch Otter filed a motion with the 9th Circuit Court of Appeals seeking a stay pending appeal of the court’s ruling Tuesday that Idaho’s law banning gay marriage is unconstitutional be stayed pending an appeal. Without the stay, county clerks throughout Idaho will be compelled to begin issuing mariage licenses to …

Perhaps obviously, there is no waiting period to marry in Nevada. It’s not yet clear if other county clerks will also be issuing licenses. Clark County is home to Las Vegas and 75% of Nevada’s population.

Can you STAND IT? Read the ruling. UPDATE: Via press release from the National Center for Lesbian Rights. Today’s decision, written by Judge Stephen Reinhardt, holds that “Idaho and Nevada’s marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states.” …

Because they can never take “Didn’t we just tell you to fuck off?” as a hint, NOM is trying again to gain standing in Oregon. Despite a string of legal defeats, the National Organization for Marriage is continuing its battle against the May 19 federal court decision overturning Oregon’s ban on same-sex marriage. Two weeks after a three-judge panel of …

All three Ninth Circuit Court of Appeals judges appear ready to rule for good guys. Via Chris Geidner at Buzzfeed: As with other appellate courts to hear marriage cases this year, the court did note that the judges expect the matter to be headed to the Supreme Court. When Monte Stewart, the lawyer arguing in support of both Idaho and …

Today’s oral arguments before the Ninth Circuit Court of Appeals begin at 1PM local time in San Francisco. The court has wisely decided to stream the proceedings over YouTube, which should provide for relatively glitch-free viewing. Follow along at the Twitter hashtag #9thCircuit.

Today’s the big day in San Francisco: On September 8, 2014, the United States Court of Appeals for the Ninth Circuit will hear oral arguments in the Hawaii, Idaho and Nevada gay marriage cases. The arguments will begin at 1 p.m. in Courtroom One of the James R. Browning U.S. Courthouse, 95 7th St., San Francisco. The court strongly encourages …

Equality Case Files adds: “Reinhardt wrote majority in Prop 8 case and SmithKline (latter held sexual orientation must withstand heightened scrutiny). Berzon joined Reinhardt in SmithKline. Gould wrote majority in Witt v. Air Force.” Arguments in the three cases begin at 4PM in San Francisco on next Monday.

“We are of course disappointed with the Ninth Circuit’s decision today. The Ninth Circuit did not reach the appeal of the denial of motion to intervene, holding instead that even if NOM had been allowed to intervene on behalf of its members (including Oregon voters, wedding services providers, and a county clerk), it had no standing to appeal the judgment …

Via press release from NCLR: On September 8th the Court will hear oral arguments beginning at 1 p.m. Pacific at the James R Browning US Courthouse, 95 7th Street, San Francisco, to laws banning marriage equality in Idaho, Nevada, and Hawaii. The National Center for Lesbian Rights (NCLR) and Boise, Idaho attorneys Deborah A. Ferguson and Craig Durham of Ferguson …

Via the Oregonian: The 9th U.S. Circuit Court of Appeals has denied a request by a group opposing same-sex marriage in Oregon to intervene in the case. The decision, handed down Wednesday afternoon, means the National Organization for Marriage has no route left short of appealing the case to the U.S. Supreme Court. Unless NOM does appeal, any threat it …

Via Equality On Trial: The Ninth Circuit Court of Appeals has denied Idaho’s request to hear Latta v. Otter, the challenge to the state’s same-sex marriage ban, with a panel of eleven judges. The state asked the court for an initial en banc hearing; in most circuit courts, that would mean all of the judges in the circuit, but since …

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 …

Idaho Gov. Butch Otter (seriously) has filed a motion to have his state’s marriage equality case heard by the full Ninth Circuit Court rather than the usual three-judge panel. “Because the marriage issue is so passionately contested and so divisive among the citizenry, the perception of the legitimacy of this court’s resolution of it must be of paramount concern,” attorneys …

Via Equality On Trial: The Ninth Circuit Court of Appeals has ordered Sevcik v. Sandoval, Lambda Legal’s challenge to Nevada’s same-sex marriage ban, to be placed on their argument calendar. The case will be argued some time in September, though the order doesn’t specify an exact date. Last night, the plaintiffs filed a request with the appeals court to schedule …

NOM has lost again. In a 2-1 decision, the Ninth Circuit Court of Appeals has upheld the California law which requires that names of donors to public ballot measures be made public. Sponsors of Proposition 8, the now-overturned initiative allowing only opposite-sex couples to marry in the state, complied with the disclosure law during the 2008 campaign and said some …