Judge Denies Idaho Gov’s Request for Marriage Ruling Stay

Jim Burroway

May 14th, 2014

U.S. Magistrate Judge Candy W. Dale, who yesterday ruled that Idaho’s state constitutional amendment banning same-sex marriage violates the U.S. Constitution, has denied a request by Gov. Butch Otter (stop that, you guys!) to stay the ruling pending a planned appeal to the Ninth Circuit Court of Appeals. Idaho Attorney General Lawrence Wasden and Gov. Otter are expected to file an emergency motion with the Ninth Circuit asking for a stay pending an appeal. Otter and Wasden are optimistic they can get a stay somewhere:

In the request to Dale, Otter’s attorneys said they were convinced that if the judge wouldn’t issue a stay, the 9th Circuit or Supreme Court would.

“That conviction is based on the fact that the Ninth Circuit granted such a stay in the California same-sex marriage’ case, the Sixth district did the same in the Michigan same-sex marriage case, and the United States Supreme Court did the same in the Utah same-sex marriage case,” Otter’s attorneys wrote.

If the Ninth Circuit denies their motion for a stay and the U.S. Supreme Court doesn’t intervene, then same-sex marriages will become legal in Idaho at 9:00 a.m. Friday.

Meanwhile:

After the ruling, the Idaho Republican Party issued a statement reaffirming the organization’s stance against same-sex marriage, and contending that the Tenth Amendment gives states the power to regulate and define marriage.

“The disintegration of marriage will lead to the disintegration of our society,” Idaho GOP Chairman Barry Peterson said in a prepared statement.

Paul Douglas

May 15th, 2014

Yep, the GOP is continuing its war on LGBT people. “Surprise! Surprise! Surprise!” as Gomer Pyle used to say.
This reinforces what I have been saying for years. I will not vote for a candidate with an “R” after their name. That “R” represents a political party that for 35 years has used LGBT people as a punching bag and whipping boy to control school boards, legislatures and statehouses throughout this country. They have caricatured, demonized and lied about us shamelessly for years and they are still doing so. I would need 10 years of abject apology from those jerks before I could imagine myself ever even considering to vote for a republicon.
And that wouldn’t be enough.

Fritz Keppler

May 15th, 2014

Butch Otter’s first wife’s name was Gay Otter. Can’t make this stuff up.

Eric Payne

May 15th, 2014

He’s going to appeal to the Ninth Circuit?

Seriously?

The same Ninth Circuit that issued a ruling on Prop 8? What? Does he think they’ve changed their minds in the last 3 years?

Seriously??

Hyhybt

May 15th, 2014

They upheld the California decision, but were careful to do so in a way that didn’t decide the general question. Still, a large part of whether a stay is granted or not is supposed to be the likelihood of overturning the decision, and surely that’s changed!

Steve

May 15th, 2014

The Idaho GOP is probably controlled by the Mor(m)on cult too.

Mark F.

May 15th, 2014

Federal appeals are almost always handled by a randomly picked 3 judge panel.

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