Monday, March 10, 2014

Ninth Circuit Court schedules April 9th for Nevada same-sex arguments

https://twitter.com/ScottKGraham/status/443105190720192512

Nevada's court date is just one day before Utah will see it's same-sex marriage appeal in the Tenth Circuit on April 10th.

From Lambda Legal:

Last month Nevada Gov. Sandoval and Carson City Clerk-Recorder Alan Glover withdrew their arguments in support of the marriage ban after the Ninth Circuit’s ruling in SmithKline Beecham v. Abbott Laboratories that discriminatory classifications based upon sexual orientation must receive heightened scrutiny and should be presumed unconstitutional.

The heightened scrutiny standard is much more difficult to meet and rendered the state of Nevada’s arguments in its original brief defending the marriage ban “no longer tenable in the Ninth Circuit,” as Nevada’s Attorney General conceded in a statement released last week.

The withdrawal of the two government defendants leaves only the Coalition for the Protection of Marriage, which the U.S. District Court had allowed to intervene, defending the marriage ban.

UPDATE: Lambda Legal advises the court date has been rescheduled due to high case load in the 9th Circuit. Looking at a May or June court date at this point.

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