BOISE, Idaho (AP) — No same-sex marriages will be allowed or recognized in Idaho until an appeal is decided, a federal appeals court ruled Tuesday.
The 9th U.S. Circuit Court of Appeals granted request for a stay from Gov. C.L. “Butch” Otter and Idaho Attorney General Lawrence Wasden.
The decision means that despite a recent ruling overturning Idaho’s gay marriage ban, same-sex couples can’t get married or have their marriages recognized until the 9th Circuit or U.S. Supreme Court decides whether to let the ruling stand.
U.S. District Magistrate Judge Candy Dale overturned Idaho’s gay marriage ban May 13, saying the law unconstitutionally denied gay and lesbian residents their fundamental right to marry.
Otter and Idaho Attorney General Lawrence Wasden both immediately announced plans to challenge Dale’s decision, asking the appellate court to put the ruling on hold while their appeals move forward.
Gay marriage is allowed in the District of Columbia and 18 states, including Oregon, where officials say no appeal is planned of a judge’s decision Monday to strike down that state’s same-sex marriage ban. Federal judges in Oklahoma, Virginia, Michigan, Texas and Arkansas also have rejected gay marriage bans.
Judges have ordered Kentucky, Ohio and Tennessee to recognize same-sex marriages from other states.
But opposition remains stiff in many places. Critics note most states still do not allow gay marriage and that in most of the states that do, it was the work of courts or legislatures, not the will of the people.
In Idaho, Dale’s ruling came after four same-sex couples sued Otter and Ada County Clerk Chris Rich. Two of the couples were legally married in other states, but their marriages are not recognized by Idaho. The other two applied for marriage licenses in Boise but were denied.
The couples contend Idaho’s law is discriminating and a violation of due process.
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um… that ain’t necessarily flattering to the people in those states. That’s what history will come to recognize as “a black eye”. I guess it’s supposed to suggest that the people are more important than courts, as if checks and balances are terms limited to the finance industry.
Also, doesn’t there need to be some sort of demonstrable harm for a ruling to be stayed pending appeal? What’s the harm here? People might accidentally get some rights?
Legislatures are not the will of the people? Since when?
Oh well, there’s always toe-tappin’ at the Airport.
A lot of worried sheep in Idaho.
Let it go, let it go
You lost, bigots.
Let it go.
The cold never bothered me anyway.
I’m surprised that The 9th Circuit granted this stay. While the circumstances were only tangential to this case, The 9th’s refusal to recognize plaintiff’s standing in Hollingsworth v. Perry in June, 2013, had the immediate effect of legalizing same sex marriage in California.
Neither Butch Otter (great gay porn name) or the plaintiffs will accept an adverse decision from the 9th. Next stop, The Supremes. Either SS marriage will be legal everywhere or we are in for one helluva mess. We’re in for a helluva mess either way but moving in the right direction.
LD