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Plaintiffs in Nevada marriage equality challenge petition Ninth Circuit to schedule their appeal with parallel Hawaii case

The plaintiffs in the Nevada marriage equality case Sevcik v. Sandoval petition the Ninth Circuit Court of Appeals to schedule their appeal with the a similar one out of a Hawaii district court in the Jackson v. Abercrombie case.  In their request, the Sevcik plaintiffs write that their case “involves a number of issues closely related to those raised in another appeal pending before this Court [Jackson] that concerns the constitutionality of Hawai’i’s similar exclusion of same-sex couples from marriage,” and ask that the appeal of Sevcik “be placed on a parallel briefing schedule with and be heard with the appeal in Jackson v. Abercrombie in order to promote judicial and party economy.”

Specifically, the plaintiffs request that (1) Sevcik and Jackson be heard by the same 3-judge panel of the Ninth Circuit, (2) that the briefing schedule in Sevcik be conformed to the schedule already laid out in Jackson, (3) that a hearing be set for the two cases on the same day, and that (4) the Court require any animus briefs filed in one specific case to also be filed in the other.  Doing so, they argue, would “promote inefficiency[,] maximize uniformity between rulings and reduce the risk of inconsistent results.”  The Sevcik plaintiffs note to the circuit court that the opposing counsel in their case as well as counsel in Jackson have been notified of the petition and that “[n]early all parties either take no position on the relief requested, do not oppose it, or have indicated their consent.”

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