Same-Sex Marriage Ban in Idaho Struck Down

A federal judge struck down Idaho's gay marriage ban.
Image: Charles Knowles / Flickr

In a monumental decision, a federal magistrate judge ruled on Tuesday that Idaho’s ban on same-sex marriage was unconstitutional. Judge Candy Dale added her name to the growing list of judges who say that marriage is a fundamental right and that as such, it cannot lawfully be denied to LGBT citizens. 

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 9^th 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 12^th 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.