Nevada Gov. Sandoval Opposes Attempts To Re-Ban Same-Sex Marriage

Nevada Gov. Brian Sandoval (R)

Even before the 9th Circuit Court of Appeals struck down Nevada's same-sex marriage ban, Republican Gov. Brian Sandoval had made clear that he would not appeal the ruling should the anti-gay law be found unconstitutional.

Sandoval and the state's Attorney General didn't even defend the law in the 9th. Due to "heightened scrutiny" required in cases involving sexual orientation, he and AG Catherine Cortez Masto admitted the law could not be defended.

True to his word, when the unanimous ruling was handed down by the 3 judge panel of the 9th Circuit, Sandoval said "done," allowing gays and lesbians to begin marrying.

However, the folks over at the Coalition for the Protection of Marriage - the same group that got the law on the ballot back in 2002 - jumped in and defended the law in the 9th Circuit. And, of course, lost.

Now the Coalition is requesting the 9th Circuit consider re-hearing the lawsuit en banc, which would mean a panel of 11 judges versus the normal 3 judge panel which has already heard the case.

En banc reviews are difficult to get as a majority of the Court's 29 judges have to agree to consider the case.

University of California, Irvine, law professor Doug Nejaime told the Washington Blade, “Given the Supreme Court’s action a couple weeks ago, there may not be many judges that want to spend resources reviewing the panel decision. And then there is certainly reason, given that Perry [the case that struck down California’s Proposition 8] was also decided in the Ninth Circuit, to think a different result is unlikely.”

In a short statement on Wednesday, according to the Las Vegas Review Journal, Sandoval said Nevada opposes the attempt by the Coalition for the Protection of Marriage to appeal the ruling, and hopes such opposition will lead to closure on the issue.