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Ninth Circuit Denies Idaho Governor’s Request For En Banc Review Of Marriage Equality Ruling

As Idina Menzel might say to Idaho Gov. Butch Otter: “Let it go.”

In the wake of same-sex marriage coming to Idaho due to a ruling by the 9th Circuit Court of Appeals, Gov. Otter asked the 9th to take another look at the case, this time by a larger panel of judges.

They said “no.”

Via press release from the National Center For Lesbian Rights:

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.

The text of the ruling is as follows:

“The panel has voted to deny the petitions for rehearing en banc. The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R. App. P. 35. The petitions for rehearing en banc are denied.”

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