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9th Circuit rejects Otter’s bid for full hearing of gay marriage appeal
The Idaho Statesman9th Circuit rejects Otter’s bid for full hearing of gay marriage appeal
By Cynthia Sewell
August 19, 2014
The 9th U.S. Circuit Court of Appeals on Tuesday denied Gov. Otter’s request for an en banc hearing on the same-sex marriage ruling appeal. A three-judge panel will hear case Sept. 8.
In an en banc hearing, the case would be heard before all 11 judges on the 9th Circuit instead of just three.
"I think that the governor thought that Idaho would realize a more favorable result before the limited en banc of 11 judges than a randomly drawn three-judge panel, so the denial may mean that Idaho is less likely to win," said Carl Tobias, a professor at the University of Richmond School of Law in Richmond, Va., who has been monitoring gay marriage cases across the country.
U.S. Magistrate Judge Candy Dale struck down Idaho's 2006 constitutional amendment prohibiting same-sex marriages in May. The state appealed to the 9th Circuit, which issued a stay on Dale's ruling.
Read more here: http://www.idahostatesman.com/2014/08/19/3332345/9th-circuit-rejects-idahos-bid.html#storylink=cpy