Idaho Governor Butch Otter is not ready to surrender in his fight to uphold Idaho's constitutional ban on gay marriage. A panel of three federal appeals court judges has consistently ruled against the state on the marriage question.
Otter has pushed hard - so far, unsuccessfully - for the issue to be taken out of the hands of the three judges and heard instead by the full 11-judge court of appeals.
On Thursday, he filed another request for a full hearing, saying - in effect - wait a minute here, another US federal court circuit has ruled against gay marriage, meaning that the issue is likely to merit Supreme Court review.
Moreover, Otter said that dozens of new scholarly briefs arguing for traditional marriage have been submitted to yet another federal appeals court - the 5th Circuit which covers Texas - and that their opinions must be heard.
Otter's lawyer called the 5th Circuit briefs - "a gold mine of scholarship regarding the practical, real-world impact of redefining marriage."
So far, there's been no response from the appeals court judges.
