Friday, the U.S. Court of Appeals for the Ninth Circuit denied the Governor of Idaho’s request for en banc review of its October 7, 2014 decision striking down Idaho’s ban on marriage equality.
The couples in the case – Latta v. Otter – are represented by the National Center for Lesbian Rights (NCLR), Boise attorneys Deborah A. Ferguson and Craig Durham of Ferguson Durham, PLLC, and Deanne Maynard and Marc Hearron of the law firm of Morrison & Foerster, LLP.
On October 7, 2014, a panel of Ninth Circuit judges ruled 3-0 that Idaho’s and Nevada’s bans on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection. On October 9, 2014, the Supreme Court rejected a request by Idaho officials to stay the Ninth Circuit’s judgment, clearing the way for marriages to begin. Same-sex couples began marrying in Idaho on Wednesday, October 15, 2014. The Governor of Idaho asked for review of the panel decision by a larger panel of Ninth Circuit judges. Today’s order denied that request.
NCLR Legal Director Shannon P. Minter said, “The Ninth Circuit correctly recognized that there is no need to reconsider the panel’s decision that Idaho’s marriage ban violates basic constitutional guarantees of equal protection. The Ninth Circuit’s decision striking down the Idaho marriage ban is consistent with the rulings of three other federal appeals courts, 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.”