News from the 9th circuit

Discussion in 'Gay & Lesbian Rights' started by JeffLV, Jan 29, 2014.

  1. JeffLV

    JeffLV Well-Known Member Past Donor

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    News out of the 9th circuit, which includes Alaska, Arizona, California, Hawaii, Idaho, Montana, Oregon, Washington, and my home-state of Nevada:


    The ruling has established for the 9th circuit a higher level of scrutiny in cases that involve discrimination under law on the basis of sexual-orientation, prompting the following news out of Nevada:

    It's not over yet for Nevada and other 9th circuit states, but the bar has been raised... Defending laws that discriminate on the basis of sexual orientation have been difficult enough to defend under Rational Review, but if this level of heightened level of scrutiny stands, it's pretty much game over.

    The article talks about Nevada's AG reconsidering her case defending the ban against same-sex marriage, but I suspect our Attorney General won't withdraw regardless. She's got to appeal in order to get a stay a decision to overturn the ban until the Supreme Court has a chance to review this. A part of me hope she doesn't since it would be pretty cool to finally live in one of the states where same-sex marriage is legal. That said, Nevada's case is (as far as I'm aware) the most advanced case in the 9th circuit, so if this case is dropped that could slow progress towards the supreme court... although the 10th circuit seems to be speeding along.
     

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