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 A three-judge panel of the 9th U.S. Circuit Court of Appeals in
San Francisco ruled the bans in Idaho and Nevada violated the
constitution and cannot be enforced, adding to a growing list of
states where same-sex unions are now legal.
The 9th Circuit move puts the United States on track for legal gay
marriage in 35 states, as rulings by the court are binding on all
states in its region including three others that do not permit gay
marriage, Arizona, Montana and Alaska.
"We're on cloud nine! We're on the roof!" said lead Nevada plaintiff
Mary Baranovich of Carson City, adding that she was now planning
long-overdue nuptials with her partner of 43 years, Beverly Sevcik,
with whom she has raised three children.
In Idaho, Ty Carson and her lesbian partner of 16 years, Becky
McGavin, were among the gay couples who planned to rush to the
county courthouse in Boise to receive licenses.
 "This is beyond my wildest dreams. I'm trying to get hold of Becky
so we can get married as soon as possible," Carson said.
Nevada's Republican governor, Brian Sandoval, whose state withdrew
its opposition to gay marriage earlier this year, said he respected
the ruling, and U.S. Senate Majority Leader Harry Reid of Nevada
welcomed it warmly.
"No longer will gay and lesbian Nevadans be told that their
committed relationships are less than those of straight couples,"
Reid said.
By contrast, Idaho Republican Governor C.L. "Butch" Otter called the
decision disappointing, and Idaho Attorney General Lawrence Wasden
said, "It's still too early to know fully what the decision and
orders mean for Idaho and how the state will proceed."
County clerks' offices in big cities in Idaho and Nevada said they
were reviewing the ruling and waiting for formal direction before
issuing licenses.
Diana Alba, clerk of Nevada's Clark County, said her office had been
preparing for weeks, including changing the forms for marriage
licenses so they use gender-neutral pronouns, employing "party one"
and "party two" instead of "bride" and "groom."
"When we get the green light, we're ready," Alba said.
IMMEDIATE RESPONSE
Gay marriage advocates say the U.S. Supreme Court sent a clear
message on Monday by letting stand court rulings allowing gay
marriage for five states. The response in those states has been
immediate.
The 7th U.S. Circuit Court of Appeals in Chicago issued orders on
Tuesday that put into effect an earlier ruling that struck down bans
in Wisconsin and Indiana. Gay marriages have already gone ahead in
Virginia, Utah and Oklahoma.
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In Colorado, which lies in the same judicial appeals circuit as
Utah, the Republican attorney general told county clerks to begin
issuing marriage licenses to gay couples after that state's Supreme
Court lifted stays in two related cases.
"It feels good to be recognized for things that everyone else takes
for granted," said Carolanne Fisher, who received a license with her
partner Catherine Greenwald at the county clerk's office in Boulder,
Colorado.
Marriage equality advocates in Florida asked a federal judge to lift
a stay on a ruling that struck down that state's gay marriage ban,
while three gay couples in South Carolina say they plan to apply for
licenses on Wednesday and will sue the state if they are denied.
On Tuesday, four same-sex couples filed a lawsuit against Wyoming
and its ban. Wyoming, like Colorado, falls under the jurisdiction of
the 10th Circuit and its ruling in June that Utah's gay marriage
prohibition was unconstitutional.
Meanwhile, the Cincinnati-based 6th U.S. Circuit Court of Appeals is
due to rule at any time in cases involving four more states that
still ban gay marriage.
Appeals in similar cases that saw district court judges strike down
bans in Texas and Louisiana are pending before the New Orleans-based
5th U.S. Circuit Court of Appeals. On Tuesday, the court agreed to
expedite oral arguments in the Texas case.
"It just became a lot harder for any court to uphold a marriage
ban," said Camilla Taylor, a lawyer for the gay rights group Lambda
Legal.
But South Carolina officials also stood their ground. "Until the
courts rule on the matter, (we) will seek to uphold our state
constitution," Attorney General Alan Wilson said on Tuesday.
(Additional reporting by Lawrence Hurley in Washington, Harriet
McLeod in South Carolina, Keith Coffman in Boulder, Zachary Fagenson
in Miami, Laura Zuckerman in Salmon, Idaho, Alexia Shurmur in Las
Vegas, and Sandra Chereb in Carson City,; Writing by David Adams and
Daniel Wallis; Editing by Jim Loney, Sandra Maler and Ken Wills)
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