Federal appeals court overturns more gay-marriage bans
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Version 0 of 1. A federal appeals court in California on Tuesday became the latest to declare a constitutional right for gays to marry, overturning prohibitions in Idaho and Nevada. The U.S. Court of Appeals for the 9th Circuit in San Francisco also has jurisdiction in three other states with marriage bans — Alaska, Arizona and Montana — and those bans will be unlikely to survive. The unanimous decision by a three-judge panel came a day after the Supreme Court decided not to review lower court decisions that effectively cleared the way for same-sex marriages in Virginia, Utah, Oklahoma, Wisconsin and Indiana, and means that couples in those states who were married elsewhere will have their unions recognized. The high court action sent the message that the Supreme Court was content to let same-sex marriages proceed in a piecemeal manner. The justices refused to review decisions from courts of appeals for the 4th Circuit in Richmond, the 7th Circuit in Chicago and the 10th Circuit in Denver. With the 9th Circuit’s decision Tuesday, same-sex marriage could soon be available in 35 states and the District of Columbia. Circuit Judge Stephen Reinhardt, one of the country’s most liberal judges, wrote for the three-judge panel in soaring language. “The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions,” he wrote, referring to famous court decisions requiring racial integration, adding women to juries and allowing gays to serve in the military. “When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all.” Idaho Gov. Butch Otter (R) called the ruling “disappointing but not unexpected” and said the stay would remain in effect until the state was otherwise directed by the 9th Circuit. “I will carefully evaluate the opinion, along with yesterday’s surprising decision by the U.S. Supreme Court, and talk with legislative leaders and the attorney general before determining our path forward,” Otter said in a statement. During the legal developments, other states began the process of recognizing gay unions and issuing licenses. Colorado Gov. John Hickenlooper (D) called the Supreme Court decision “binding” in his state Monday since Colorado is under the jurisdiction of the 10th Circuit, which had previously decided on Utah and Oklahoma’s cases. On Tuesday, the Colorado Supreme Court lifted injunctions against county clerks, and state Attorney General John Suthers (R) told counties they were legally required to begin issuing marriage licenses. In five other states that, like Colorado, were under the jurisdiction of courts that had upheld rulings striking down marriage bans, governors said they planned to uphold their states’ bans unless a court ruled on them directly. “I disagree with the Supreme Court’s decision, which goes against the amendment that North Carolina voters overwhelmingly approved,” North Carolina Gov. Pat McCrory (R) said in a statement. “We will continue to respect the legal process as it proceeds.” Kansas Gov. Sam Brownback (R), South Carolina Gov. Nikki Haley (R), and Wyoming Gov. Matt Mead (R) also issued statements through their offices or to local media saying they would continue with their states’ bans. West Virginia Gov. Ray Tomblin’s (D) office did not reply to questions about how he would respond. |