Montana Attorney General Tim Fox’s appeal of the federal court order striking down the state’s gay marriage ban is due by February 27.
The 9th U.S. Circuit Court Appeals will hear the case, and has already ruled similar bans are unconstitutional.
University of Montana Law Professor Anthony Johnstone says Wednesdays’ ruling striking down the gay marriage ban here won’t be final until the U.S. Supreme Court rules on the issue.
"Until they speak on that question, there is always the possibility the attorney general’s defense of Montana’s marriage amendment could succeed. If the Supreme Court were to uphold bans on same-sex marriage, Montana could prevail."
Johnstone says he thinks Fox is almost certain to lose at 9th circuit court.