LATTA v. OTTER

Nos. 14-35420, 14-35421, 12-17668.

779 F.3d 902 (2015)

Susan LATTA; Traci Ehlers; Lori Watsen; Sharene Watsen; Shelia Robertson; Andrea Altmayer; Amber Beierle; Rachael Robertson, Plaintiffs-Appellees, v. C.L. OTTER, "Butch"; Governor of the State of Idaho, in his official capacity, Defendant-Appellant, and Christopher Rich, Recorder of Ada County, Idaho, in his official capacity, Defendant, State of Idaho, Intervenor-Defendant. Susan Latta; Traci Ehlers; Lori Watsen; Sharene Watsen; Shelia Robertson; Andrea Altmayer; Amber Beierle; Rachael Robertson, Plaintiffs-Appellees, v. C.L. Otter, "Butch"; Governor of the State of Idaho, in his official capacity, Defendant, and Christopher Rich, Recorder of Ada County, Idaho, in his official capacity, Defendant-Appellant, State of Idaho, Intervenor-Defendant-Appellant. Beverly Sevcik; Mary Baranovich; Antioco Carrillo; Theodore Small; Karen Goody; Karen Vibe; Fletcher Whitwell; Greg Flamer; Mikyla Miller; Katrina Miller; Adele Terranova; Tara Newberry; Caren Cafferata-Jenkins; Farrell Cafferra-Jenkins; Megan Lanz; Sara Geiger, Plaintiffs-Appellants, v. Brian Sandoval, in his official capacity as Governor of the State of Nevada; Diana Alba, in her official capacity as the County Clerk and Commissioner of Civil Marriages for Clark County, Nevada; Amy Harvey, in her official capacity as the County Clerk and Commissioner of Civil Marriages for Washoe County, Nevada; Alan Glover, in his official capacity as the Clerk Recorder for Carson City, Nevada, Defendants-Appellees, and Coalition for the Protection of Marriage, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 9, 2015.


Attorney(s) appearing for the Case

Craig H. Durham , Durham Law Office, PLLC, Boise, ID, Shannon Price Minter, Esquire , Legal Director, Christopher Stoll , San Francisco, CA, for Plaintiffs-Appellees.

Daniel W. Bower , Stewart Taylor & Morris, PLLC, Cally Younger , Idaho Governor's Office of Species Conservation, Thomas C. Perry , General Counsel, Counsel to the Governor State Capital, Boise, ID, Gene C. Schaerr , Winston & Strawn LLP, Washington, DC, for Defendant-Appellant.

Clay R. Smith , Assistant Attorney General, W. Scott Zanzig , Boise, ID, for Defendant/Intervenor-Defendant.

Tara L. Borelli , Lambda Legal Defense and Education Fund, Inc., Atlanta, GA, Marek P. Bute, Esquire , Kelly Harrison Dove, Esquire , Snell & Wilmer LLP, Las Vegas, NV, Carla Christofferson , Melanie Cristol , Dawn Sestito , Dimitri Portnoi , O'Melveny & Myers LLP, Jon Davidson , Peter C. Renn , Lambda Legal Defense and Education Fund, Los Angeles, CA, for Plaintiffs-Appellants.

Charles Wayne Howle, Esquire , Solicitor General, Nevada Office of the Attorney General, Randal Richard Munn , Joseph Leo Ward, Jr., Esquire , Senior Deputy District, Carson City District Attorney's Office, Carson City, NV, Matthew Joseph Christian, Esquire , Kolesar & Leatham, Las Vegas, NV, Herbert Kaplan , Deputy District, Reno, NV, for Defendants-Appellees.

David Chris Albright, Esquire , Albright, Stoddard, Warnick & Albright, Las Vegas, NV, Daniel W. Bower , Monte N. Stewart , Craig G. Taylor , Stewart Taylor & Morris, PLLC, Boise, ID, for Intervenor-Defendant-Appellee.

Order; Dissent by Judge O'Scannlain.


ORDER

The panel has voted to deny the petitions for rehearing en banc.

The full court was advised of the petitions for rehearing en banc. A judge requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc reconsideration. Fed. R.App. P. 35.

The petitions for rehearing en banc are DENIED.

O'SCANNLAIN, Circuit Judge, joined by...

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