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Nevada marriage hearing set

Timothy Kincaid

July 1st, 2014

Reno Gazette-Journal

A federal appeals court says it will consider Nevada’s gay marriage ban on Sept. 8.

The 9th Circuit Court of Appeals in San Francisco has scheduled 20 minutes of oral arguments in the case of Beverly Sevcik v. Brian Sandoval. The court will also hear arguments that morning over similar cases in Idaho and Hawaii.

You may recall that Attorney General Cortez Masto and Governor Sandoval have pulled all state defense of the marriage ban, leaving only the Coalition for the Protection of Marriage to argue the case.

Comments

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Hyhybt
July 1st, 2014 | LINK

So: given the Supreme Court’s ruling in the Prop 8 case, why is this group allowed to defend?

Hyhybt
July 1st, 2014 | LINK

So: given the Supreme Court’s Prop 8 ruling, why is this group allowed to defend?

ebohlman
July 2nd, 2014 | LINK

They’re allowed to defend, but not appeal, because the concept of standing only applies to whichever party is seeking to get a court to hear a case. In a civil case, that means the plaintiffs (at the district level) or the appellants (at the appellate level).

Since the district-level decision went against the plaintiffs (i.e. the district court ruled against marriage equality), the Coalition is now a intervening as a defendant/appellee and thus is not subject to standing rules. If the Ninth decides in favor of the plaintiff/appellants, the Coalition will not be able to appeal the ruling because doing so would turn them into appellants, who are subject to standing.

Spunky
July 2nd, 2014 | LINK

Thanks, ebohlman!

This is also great news because, as you noted, Nevada was the (only?) stage that has upheld a marriage ban, albeit before the Windsor and SmithKline rulings. Let’s go Nevada!

ebohlman
July 4th, 2014 | LINK

Jackson v. Abercrombie, another 2012 case, upheld Hawaii’s marriage ban; it’s actually being heard along with the Nevada and Idaho cases, although the main issue now is whether the case should be ruled moot given that Hawaii legislatively repealed its ban.

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