Federal Appeals Court Grants Temporary Stay of Idaho Ruling Striking Down Gay Marriage Ban

OtterThe Ninth Circuit Court of Appeals has granted Idaho Governor Butch Otter's request for a stay of a lower court ruling striking down the state's gay marriage ban, the Statesman reports:

"The district court’s May 13, 2014 order is temporarily stayed pending this court’s disposition of appellants’ emergency motions for a stay pending appeal," declared the 9th U.S. Circuit Court of Appeals in an order released shortly after 1 p.m. Thursday.

The temporary stay will remain in effect until the 9th Circuit Court decides whether to issue a full stay pending appeal.

U.S. Magistrate Judge Candy W. Dale on Tuesday struck down Idaho's 2006 constitutional amendment prohibiting same-sex marriages. Her order was to take effect 9 a.m. Friday.

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  1. Normally, I love butch otters.

    Posted by: crispy | May 15, 2014 4:01:53 PM


  2. We already know that (months ago) the US Supreme Court UNANIMOUSLY granted a "stay" of the Utah ruling that Utah's same-sex marriage ban is unconstitutional. So even if district court / trial court judges do not grant stays, it is highly likely that any appeals court will grant a stay in any other state. And if the appeals court doesn't grant a stay, then we can expect the US Supreme Court to grant a stay just like it did in the Utah case.
    Sad, but true.

    Posted by: MiddleoftheRoader | May 15, 2014 4:05:32 PM


  3. As the number of state bans which have fallen increases I find it less and less likely that the scotus will intervene, because I don't think they REALLY want to handle this. Unless some judge holds up a ban and then there is conflict I think scotus with walk away from it. I feel personally (I'm no lawyer) that once a critical mass of overturns occurs all the stays will be lifted en masse and it may be getting close to that point since the Arkansas judge says it's unlikely his overturn will be overruled so that was why he didn't initally issue one, and per AR supreme court (essentially) instructions he has now amended his ruling to include clerks to actually issue the marriage licenses so marriages in AR can continue. The Oregon case will be shortly finalized. The Idaho just was stayed so it can go to the 9th circuit and they will not likely do much. The real question are the 2 circuits controlled by Scalia and his dumb ventrolquist's dummy Clarence which includes TX, LA, MS, AL, GA and I think FL.

    Posted by: Steven Jaeger | May 15, 2014 4:32:05 PM


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