Idaho Governor Says He’ll File for Full 9th Circuit to Re-Hear Case Challenging Gay Marriage Ban

Idaho Governor Butch Otter announced today that he will file a petition for the full 9th Circuit Court to re-hear the case challenging the state's gay marriage ban. A three -judge panel of the 9th Circuit struck down the ban on October 7.

Said Otter's office in a news release:

The Governor said the three-judge panel made some critical errors in its decision, among them failing to apply the correct legal standard to Idaho’s marriage laws. The “en banc” review by 11 judges from the 9th Circuit would enable the State of Idaho to make its case to a larger and more diverse group of jurists.

“One of the key arguments against the Idaho Constitution’s defense of traditional marriage has been that redefining it to include same-sex couples would not harm anyone.  But the Hitching Post example shows the fallacy of that position,” Governor Otter said.

A lawsuit filed in federal court last Friday on behalf of Don and Lynn Knapp, ordained ministers and owners of the Hitching Post wedding chapel in Coeur d’Alene, alleges the couple’s constitutional right to religious freedom would be violated by their city’s 2013 antidiscrimination ordinance if they are compelled to officiate over such ceremonies. The city contends it will not prosecute legitimate nonprofit religious organizations exercising their First Amendment rights.

Added Otter:

“I have repeatedly pointed out to the courts that unaccountable judges imposing their perception of social change on the law – rather than public policy being changed through the democratic process – undoubtedly will lead to increased religious strife and restrictions on private property. For these important reasons, 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 also said in his request that allowing the three-judge panel's decision to stand will violate First Amendment freedom of religion laws. He added that he continues to monitor opportunity for the case to be taken by the U.S. Supreme Court.