Wasden: Kennedy has given Idaho ‘time to digest the decision and plot a clear legal strategy’
Idaho Attorney General Lawrence Wasden said today that he plans to file a motion asking the 9th Circuit for an en banc hearing - a hearing by a larger, 11-judge panel, as opposed to the three-judge panel that already ruled - on Idaho's same-sex marriage case. “I appreciate the fact that Associate Justice Kennedy has given the state of Idaho time to digest the decision of the appeals court and plot a clear, legal strategy forward,” Wasden said. “I continue to take seriously my responsibility of defending the Idaho Constitution and the policy choices made by voters on the question of marriage.” Click below for his full announcement.
STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL
LAWRENCE WASDEN
For Immediate Release
Wednesday, October 8, 2014
Attorney General praises U.S. Supreme Court stay in same-sex marriage case
(Boise) – This morning, U.S. Supreme Court Justice Anthony Kennedy issued a stay blocking the enforcement of a decision handed down Tuesday by the 9th U.S. Circuit Court of Appeals that removed the legal obstacles blocking the issuance of marriage licenses to same-sex couples.
In light of the recent court decisions, Idaho Attorney General Lawrence Wasden has issued the following statement spelling out where the case stands and what the Attorney General’s Office is doing in response.
“I appreciate the fact that Associate Justice Kennedy has given the state of Idaho time to digest the decision of the appeals court and plot a clear, legal strategy forward,” Attorney General Wasden said. “I continue to take seriously my responsibility of defending the Idaho Constitution and the policy choices made by voters on the question of marriage.”
Early Wednesday morning, the Attorney General filed a motion with the 9th U.S. Circuit Court of Appeals asking the court to rescind the mandate that was filed yesterday. The mandate essentially required that the ruling handed down by a three-judge panel go into effect immediately. Justice Kennedy’s stay order placed the mandate at least on temporary hold.
In addition, the Attorney General intends to file a motion asking for an en banc hearing with the appeals court, which asks that the decision be reviewed by a panel of 11 judges from the 9th U.S. Circuit Court of Appeals.
The Attorney General and deputies in his office will also be working with the legal team of Gov. C.L. “Butch” Otter to respond to any objection filed with regards to Justice Kennedy’s stay order.
