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Latta v. Otter Amicus Brief Filed

29 Jul 2014 1:05 AM | BALIF Administrator (Administrator)


BALIF filed an amicus curiae brief on Friday, July 25, with the 9th Circuit Court of Appeals in Latta v. Otter supporting the right of same-sex couples in Idaho to marry and same-sex couples who have been married out-of-state to have their marriages recognized in Idaho. The court will hear in Idaho. The Court will hear Latta, on appeal from the District of Idaho, in September. Sevcik v. Sandoval, the Nevada marriage equality case on appeal from the District of Nevada, for which BALIF filed an amicus brief last October, is also scheduled to be heard by the court in September.
The brief argues that excluding same-sex couples from the institution of marriage causes tangible legal and economic harm and denies substantial benefits, including the federal benefits extended to same-sex marriages following the Supreme Court's decision in United States v. Windsor.

"Some critical federal benefits are linked to the place of domicile, so even same-sex couples married legally in other states are prevented from enjoying these benefits if they currently reside in states, such as Idaho, that do not recognize same-sex marriage," said Leah Nutting, chair of BALIF's Amicus Committee.

More than thirty other civil rights groups joined BALIF on the brief. The brief was filed with pro bono support from the law firm of Munger, Tolles & Olsen, with Jerome C. Roth and Amelia L. B. Sargent heading the effort.

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