Sunday, January 11, 2015

Over Strong Dissent, 9th Circuit Denies En Banc Review of Marriage Equality Decisions

In Latta v. Otter, (9th Cir., Jan. 9, 2015), the U.S. 9th Circuit Court of Appeals refused to grant en banc review of a 3-judge panel's decision striking down same-sex marriage bans in Idaho and Nevada. (See prior posting.) Judge O'Scannlain, joined by Judges Rawlinson and Bea, filed a 25-page dissent to the denial of review, saying in part:
Nothing about the issue of same-sex marriage exempts it from the general principle that it is the right of the people to decide for themselves important issues of social policy.
SCOTUSBlog reports on the 9th Circuit's action, calling Judge O'Scannlain's opinion "one of the strongest dissenting statements yet ... on same-sex marriages."