Skip to content
Formerly Hosted by the Law Professor Blogs Network

Idaho and Nevada Same-Sex Marriage Bans Lifted

Gay marriage 2

On Tuesday, three judges from the 9th Circuit U.S. Court of Appeals in California decided that the gay marriage bans in Nevada and Idaho violated the equal protection rights of same-sex couples to legally marry. 

The judges stated, “The lessons of our constitutional history are clear: inclusion strengthens, rather than weakens, our most important institutions.  When same-sex couples are married, just as when opposite-sex couples are married, they serve as models of loving commitment to all.” 

This decision comes after the United States Supreme Court let stand rulings that eradicated bans in five states, which affect laws in six other states.  That means that in the near future, 32 states could allow same-sex marriage.  A potential “circuit split” may finally propel the U.S. Supreme Court to ultimately decide on whether same-sex couples have a constitutional right to marry.  By refusing to get involved, the justices let stand appeals court rulings that opened up the right to those in Indiana, Oklahoma, Utah, Virginia, and Wisconsin.  Since neighboring states are covered by the appeals court’s jurisdiction, same-sex marriage could be extended in coming weeks to Kansas, North Carolina, South Carolina, West Virginia, and Wyoming.   

See Bill Mears, Same-Sex Marriage Bans Lifted in Idaho, Nevada, CNN, Oct. 7, 2014.