United States Ninth Circuit

In this case, Idaho and Nevada sought to ban same-sex couples from marrying and refused to recognize same-sex marriages administrated elsewhere. Judgment of the district court in Latta v. Otter is affirmed, judgment of the district court in Sevcik v. Sandoval is reversed, and the case is remanded for the issuance of an injunction ensuring that qualified same-sex couples can marry and that same-sex marriages administered in other jurisdictions will be recognized, where: 1) defendants have presented no more than speculation and conclusory assertions with regard to their contention that bans on same-sex marriage promote the welfare of children, and thus do not meet heightened scrutiny; 2) because defendants have failed to demonstrate that these laws further any legitimate purpose, they are in violation of the Equal Protection Clause; and 3) the official message of support that Governor Otter wished to send in favor of opposite-sex marriage is equally unconstitutional in that it conveys a message of disfavor towards same-sex marriage.

Appellate Information

• Decided 10/07/2014
• Published 10/07/2014

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel