Tuesday, October 7, 2014

This is different: gay marriage bans in ID, NV were just overturned because of gender, as well as sexual orientation discrimination

Stephen Reinhardt
This is something legal analysts have been ruminating about for years: if Johnny's sister can marry a man but the state forbids him from doing so, isn't that discrimination based on gender?
     Today a panel of judges of the Ninth Circuit Court of Appeals embraced that very argument to overturn same sex marriage bans in both Idaho and Nevada, in a decision that also affects Arizona, Alaska and Montana.
     The court was unanimous and the opinion was written by Stephen Reinhardt, a Carter appointee. The other two judges were Clinton appointees — Marsha Berzon and Ronald Gould.
     Click on each excerpt below to enlarge or click the link to the opinion above and scroll down to the conclusion.


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