The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Judge Reinhardt wrote the opinion for a unanimous panel, applying heightened scrutiny to sexual-orientation discrimination. You can add Nevada, Arizona, Idaho, Alaska, and Montana to the list of states where the red line has been crossed.
I haven't read the Ninth Circuit opinion yet. I have to teach now, so it would be nice if the courts would stop issuing gay-marriage decisions for an hour or so.
UPDATE: Lyle Deniston summarizes the three (!) Ninth Circuit opinions at SCOTUSblog:
First, all three judges on the panel joined in an opinion by Circuit Judge Stephen Reinhardt finding that the Idaho and Nevada bans violate the constitutional guarantee of same-sex couples to be treated the same legally as opposite-sex couples. Second, Judge Reinhardt issued a separate opinion, for himself only, saying he would also strike down those bans under the Constitution's Due Process Clause, arguing that the right to marry is a fundamental guarantee and that gays and lesbians have a right to share in that right. Third, Circuit Judge Marsha S. Berzon, in a separate opinion only for herself, said she would have also struck down the bans on the premise that they discriminate on the basis of gender.
The third member, Circuit Judge Ronald M. Gould, joined only the main opinion on the equal protection principle.
If I see anything remarkable in the decision, I may post about it.