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Appeals Court Puts Hold on Montana Appeal Over Gay Marriage

Attorney General sought delay while state Supreme Court takes up issue

By Tristan Scott

The 9th U.S. Circuit Court of Appeals has granted the attorney general’s request to put a hold on his appeal of a court ruling that Montana’s ban on same-sex is unconstitutional.

Attorney General Tim Fox sought the delay last week because the Supreme Court plans to take up the issue. The Independent Record reports the appeals court granted the delay on Monday.

Montana voters approved a constitutional amendment in 2004 that banned gay marriage. In May, four same-sex couples sued to challenge the ban. U.S. District Judge Brian Morris tossed out the ban in November.