John M. Becker

Alaska Still Fighting Marriage Equality

Filed By John M. Becker | October 23, 2014 12:00 PM | comments

Filed in: Marriage Equality, Politics
Tags: Alaska, gay marriage, marriage discrimination, marriage equality, same-sex marriage

banging-head-against-wall.jpgOfficials in the new marriage equality state of Alaska are still fighting the freedom to marry, filing a petition asking the Ninth Circuit U.S. Court of Appeals to rehear the state's marriage equality case with a larger panel of judges.

The Alaska Dispatch News reports:

The state officially filed a petition with the 9th U.S. Circuit Court of Appeals asking for "en banc" review on the lower court's decision.

The state argued in its filing that the decision from U.S. District Court Judge Timothy Burgess was incorrect when he found Alaska's same-sex marriage ban to be a violation of due process and equal protection clauses of the U.S. Constitution...

Attorneys have noted en banc review is difficult to get. Just asking for the review does not mean it is granted, since a majority of the 9th Circuit's 29 judges must agree just to hear the case. From there, a panel of 11 judges, instead of the typical three, decides the matter.

Alaska's decision follows a similar one from Idaho's Republican governor Butch Otter, who petitioned the Ninth for en banc review of his state's marriage equality case on Tuesday.

Meanwhile, loving same-sex couples continue to legally marry in both Idaho and Alaska.

A copy of Alaska's petition is after the break, via Equality Case Files.

14-35856 #7 by Equality Case Files

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