Federal Court Declares Gay Marriage Legal in Idaho, Nevada
Rubi Valdez | | Oct 08, 2014 08:00 AM EDT |
(Photo : Reuters) Lindsey Oliver (L) and Nicole Pries bow their heads during a ceremony performed by Robin Gorsline outside the John Marshall Court's Building in Richmond, Virginia October 6, 2014. The U.S. Supreme Court declined to decide once and for all whether states can ban gay marriage, a surprising move that will allow gay men and women to get married in five additional states including Virginia, Oklahoma, Utah Wisconsin and Indiana, with more likely to follow.
Gay marriage is legal in Idaho and Nevada effective Tuesday following the U.S. Supreme Court's ruling to 30 other states. The 9th U.S. Circuit Court of Appeals stated that the states' banning of same sex marriage is against equal protection rights.
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In a unanimous three-judge panel decision letter, Judge Stephen Reinhardt elaborated that laws prohibiting rights based on sexual orientation are unconstitutional unless it directly affects the general government's interest.
Reinhardt said that neither Idaho nor Nevada have presented valid justification for banning gay marriage. He also wrote that the law "reflects a crass and callous view of parental love and the parental bond," thus the court's rejection.
Homosexual couples like Sue Latta and Traci Ehlers described the court's finality as a "super sweet victory," after at least six years of constantly compelling Idaho government to recognize their California marriage in 2008. Latta added that legalizing their marriage means easier taxes, parenting, and life planning.
On Monday, the highest federal court rejected appeals from five states to preserve restrictions on same sex marriage. This prompted the public into thinking that it is just a matter of time before gay couples can marry anywhere in United States.
Alaska, Arizona, and Montana are among the handful of states that are not yet covered by the 9th Circuit ruling. Lawsuits challenging the same sex ban in these places are still pending in the lower courts.
Meanwhile, the massive approval on gay marriage struck distaste among GOP members. Senator Ted Cruz (TX-R) labeled the decision as "judicial activism at its worst" adding that the act is an offense to traditional marriage.
But unlike Cruz and Arkansas Governor Mike Huckabee, most Republicans are unsurprisingly quiet about the issue so as to prevent potential damage in the upcoming 2016 national elections. Both will need the support of the conservative and religious communities to secure a spot in the presidential bid.
Tagsgay marriage in U.S., 9th U.S. Circuit Court of Appeals, same sex marriage, gay marriage, same-sex, gay couples, Parenting
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