A federal judge struck down Idaho's gay marriage ban. Image: Charles Knowles / Flickr |
Judge Dale ruled in favor of four Idaho couples that filed
the suit against Governor Butch Otter and Ada County Clerk Chris Rich. Sue
Latta and Traci Ehlers, Lori and Sharlene Watsen, Sheila Robertson and Andrea
Altmayer, and Amber Beierle and Rachael Robertson no doubt celebrated the
decision with thousands of others across the state and country.
In
a 57-page decision, Dale wrote, "... Idaho's marriage laws deny
same-sex couples the economic, practical, emotional, and spiritual benefits of
marriage, relegating each couple to a stigmatized, second-class status.
Plaintiffs suffer these injuries not because they are unqualified to marry,
start a family, or grow old together, but because of who they are and whom they
love."
Governor Otter says he plans on appealing the case.
“In 2006, the people of Idaho exercised their fundamental
right, reaffirming that marriage is the union of a man and a woman,” he said.
“Today’s decision, while disappointing, is a small setback in a long-term
battle that will end at the U.S. Supreme Court. I am firmly committed to upholding
the will of the people and defending our Constitution.”
Meanwhile, Attorney Deborah Ferguson, who represented the
couples, applauded the decision. “The court’s ruling is a victory not only for
the courageous couples who brought this case, but for everyone who cares about
freedom and fairness,” she said.
As early as Friday, LGBT couples in Idaho could be married.
That, however, could be delayed by Governor Otter’s pre-emptively filed motion
asking for an immediate stay until the completion of all appeals. The motion is
still pending, and whether or not LGBT couples can begin marrying will depend
on whether the court decides to take it up. Governor Otter says that he filed
the motion in an attempt to prevent a reiteration of Utah’s “unmitigated disaster”
that plunged citizens “into uncertainty, chaos and confusion over the marital
status of same-sex couples” before the rulings were finalized by the Supreme
Court.
The case will move next to the 9th Circuit of
Appeals. If the state again loses its battle there, Gov. Otter says the state
will appeal to the U.S. Supreme Court. However,
Dale’s decision to overturn the marriage ban is the 12th since the
Supreme Court’s decision to strike down DOMA in 2013. Forward momentum at this
point is certainly not in favor of marriage bans like Idaho’s.
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