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Tuesday, August 20, 2019  Spokane, Washington  Est. May 19, 1883
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Eye On Boise

State on immediate effect on Idaho marriage laws of 9th Circuit ruling: ‘We’ve got 7 days’

Here’s why Gov. Butch Otter and Attorney General Lawrence Wasden are taking the position that the 9th Circuit’s stay on same-sex marriages starting in Idaho – issued at their request while they appealed to the 9th Circuit – is still in effect: On Page 91 of the ruling, in the “Information Regarding Judgment and Post-Judgment Proceedings” that follows the ruling itself, the court notes: “The mandate will issue 7 days after the expiration of the time for filing a petition for rehearing or 7 days from the denial of a petition for rehearing, unless the Court directs otherwise.”

“The net effect is that we’ve got 7 days,” said Jon Hanian, Otter’s press secretary.

The document goes on to outline the options the state has, should it wish to further appeal the ruling: Petition for a rehearing by the three-judge panel; petition for an “en banc” rehearing by a larger, 11-judge panel; or petition for a “Writ of Certiorari,” which is a request to the U.S Supreme Court to take up the appeal.

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Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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