Idaho Gov. Butch Otter (do you love that name or what?) announced today that he's filing a petition with the 9th Circuit U.S. Court of Appeals for an en banc re-hearing of Idaho's same-sex marriage case.
From the Spokesman-Review:
“I will continue defending Idahoans’ self-determination and the will of Idaho voters who decided that traditional marriage is a core principle of our society,” Otter said in a statement. He said his office will file the petition later today.
An en banc review at the 9th Circuit, because the circuit is so large, would mean that a larger 11-judge panel would re-hear the case, after a three-judge panel made the decision earlier. In smaller circuits, an en banc review is a rehearing by the full court. Otter and Idaho Attorney General Lawrence Wasden earlier requested that 9th Circuit assign a full 11-judge panel to hear Idaho's case in the first place, rather than a three-judge panel; that request was denied.
Meanwhile, county clerks began issuing marriage licenses to same-sex couples on October 15th. By the time any appeal reaches any court, hundreds of gay and lesbian couples will be married. Can I see a show of hands of the folks who want to tell those couple's children they won't be a legal family anymore?
Interestingly, Attorney General Lawrence Wasden is not a party to Otter's petition. But in a statement from his spokesman, Todd Dvorak, Wasden stated that he does plan to file an appeal directly to the U.S. Supreme Court in the coming weeks.