Appellate court rejects efforts to revive ban on same-sex marriage

By Ana Ley

Published Monday, Jan. 12, 2015 | 12:01 p.m.

Updated Monday, Jan. 12, 2015 | 4:40 p.m.

A federal appeals court has denied a request to review its decision to legalize same-sex marriage in Nevada. ​

In an order issued Friday, the 9th U.S. Circuit Court of Appeals rejected an October petition from the Coalition for the Protection of Marriage that requested the court’s full panel of 29 active judges to review the case. The coalition’s lawyers argued that the three judges who ruled against the marriage ban last year were biased.

“We’re delighted that we’re one step closer to getting closure,” said Peter Renn, an attorney at Lambda Legal, the law firm that represented a group of gay Las Vegas couples who sued the state and successfully overturned its 2002 ban on same-sex marriage. “All families deserve to be securely protected under the law.”

Only three judges — Diarmuid O’Scannlain, Johnnie Rawlinson and Carlos Bea — agreed with the coalition’s request, which needed a majority of 15 from the judicial panel to get approval. The ruling also applied to Idaho, whose ban was similarly overturned last year.

"Clearly, the same-sex marriage debate is not over," the trio of dissenting judges wrote in a joint opinion. "Indeed, not only does the debate now divide the federal circuit courts and state legislatures, but it continues to divide the American public."

Monte Stewart, the Idaho-based attorney representing the coalition, declined to comment about the recent decision.

Nevada’s ban was overturned by appellate judges Stephen Reinhardt, Ronald Gould and Marsha Berzon on Oct. 7. Their decision was followed by a flurry of legal wrangling that briefly put same-sex marriages on hold before Nevada started issuing certificates two days later. Clark County has since issued hundreds of same-sex marriage licenses, distributing its 1,000th on Jan. 7.

Gov. Brian Sandoval says the state won’t challenge gay and lesbian unions — he issued a motion last year opposing the coalition's petition.

“This action brings finality to the issue of same-sex marriage in Nevada,” Sandoval said in October after a judge signed an injunction allowing the state to start issuing the certificates.

Same-sex marriage is now legal in 36 states and Washington, D.C., as bans have been struck down across the nation.

Challenges to bans in three staunchly conservative Southern states got a hearing in a federal appeals court Friday — the latest legal battle in the intensifying debate over gay unions.

A three-judge panel of the 5th U.S. Circuit Court of Appeals heard arguments from state attorneys from Texas, Louisiana and Mississippi — all of which passed bans on same-sex marriages — and from the lawyers arguing against the bans.

The Supreme Court, meanwhile, is expected to begin hearing cases on same-sex marriage from Michigan, Ohio, Kentucky and Tennessee as soon as this week.

Nevada's fight may not be over yet -- the Coalition for the Protection of Marriage can now appeal last week’s decision by asking the Supreme Court to review its case.

“I wouldn’t be surprised if they appeal to the Supreme Court,” said Tod Story, executive director of the American Civil Liberties Union of Nevada. “At this point, they certainly wouldn’t be the first and won’t be the last.”

But same-sex marriage supporters say the group will probably face issues with legal standing.

“A petition is almost doomed to failure,” Renn said. “The (coalition members) don’t have a standing to appeal the 9th Circuit’s decision because they haven’t been injured in a unique way that allows them to knock on the Supreme Court’s door.”

This is a developing story. Check back for more.