Otter's request for more judges in same-sex marriage appeal denied

BOISE, Idaho (KBOI) - The 9th Circuit Court of Appeals has denied Governor Butch Otter's request to increase the size of the justice panel that will hear the case in September regarding Idaho's same-sex marriage laws.

Otter said in his petition that: "The optimal presentation of the exceptionally important Scrutiny Issue in this case coupled with this case's clean presentation of the exceptionally important Marriage Issue moves beyond all doubt the compelling wisdom of an initial hearing en banc here."

Typically, appeals are heard by a three-judge panel selected from the 29 judges that make up the 9th Circuit.

In the past, the court has had up to 11 judges hear a case, but it happens rarely.

The 9th Circuit granted Otter's request earlier in May to halt the order made by a federal judge that struck down the state's ban on same sex marriage until the appeals court had ruled on the case.

The appeal is scheduled to be heard September 8.

Click here to read 9th Circuit Court's order.