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 The 9th U.S. Circuit Court of Appeals in San Francisco is
scheduled to hear arguments on whether judges in Nevada and Hawaii
were correct to uphold those states' gay marriage bans. Hawaii's
legislature subsequently voted to allow same-sex nuptials, while a
federal judge struck down Idaho's gay marriage prohibition.
Stephen Reinhardt, the 9th Circuit judge who previously struck down
California's gay marriage ban in 2012, will be one of three judges
to hear arguments in the latest cases on Monday. The other two 9th
Circuit judges, Marsha Berzon and Ronald Gould, were both appointed
by President Bill Clinton, a Democrat.
A total 19 of the 50 states and the District of Columbia allow
same-sex marriage. Last year, the U.S. Supreme Court invalidated a
portion of the Defense of Marriage Act known as DOMA that limited
federal benefits to heterosexual couples.
 Since then, more than 30 federal and state judges have ruled against
same-sex marriage bans. The Nevada and Hawaii opinions came before
the U.S. Supreme Court weighed in on DOMA.
On Sept. 3, a Louisiana federal judge upheld that state's ban on
same-sex marriage in what was the first district court to break the
pattern of support for gay marriage since the DOMA ruling.
[ID:nL1N0R42PB] The next day, the Chicago-based U.S. Court of
Appeals for the 7th Circuit struck down bans from Indiana and
Wisconsin, joining two other appeals courts in similar rulings.
[ID:nL1N0R52HO]
If the Supreme Court takes up the issue, the dispute would likely be
heard in early 2015 with a decision by the end of June.
[ID:nL1N0QX20U]
State officials initially defended Nevada's gay marriage ban.
Reinhardt, however, wrote another opinion in an unrelated case
earlier this year which further heightened constitutional
protections for gays and lesbians.
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Nevada's governor and attorney general promptly withdrew from the
marriage case, writing that Reinhardt's decision meant support of
gay marriage restrictions "cannot withstand legal scrutiny." The
Coalition for the Protection of Marriage will argue in favor of the
ban instead.
"More than a decade ago, Nevadans engaged in a large public debate
about marriage — what it is and what it ought to be — and resolved
that debate through their free, open, democratic process," the
coalition wrote in a court filing.
Hawaii's governor, who supports gay marriage, argues that case is
moot given the state now allows same sex weddings.
(Additional reporting by Joan Biskupic in Washington; Editing by
Grant McCool)
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