Otter asks for more judges for same sex marriage appeal hearing

Otter asks for more judges for same sex marriage appeal hearing
(AP Photo/Otto Kitsinger)
BOISE, Idaho (KBOI) - Idaho Governor C.L. "Butch" Otter has filed a petition with the 9th Circuit Court of Appeals to have more judges on the panel during the hearing in September on the issue of same sex marriage.

Otter says in the 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.

Click here to read Governor Otter's petition to the 9th Circuit