Federal Judge Denies Request for Stay of Ruling Striking Down Idaho’s Gay Marriage Ban

A federal judge has denied Idaho's request for a stay of last night's ruling striking down the state's gay marriage ban, the AP reports:

DaleU.S. District Magistrate Judge Candy Dale wrote Wednesday morning that Gov. C.L. "Butch" Otter's appeal isn't likely to succeed, and so there's no reason to keep same-sex couples from seeking marriage licenses or marrying on Friday.

On Tuesday, Dale struck down Idaho's same-sex marriage ban in response to a lawsuit from four Idaho couples.
Dale said Idaho's law unconstitutionally denies gay and lesbian couples their fundamental right to marry and wrongly stigmatizes their families.

She said the state must start issuing marriage licenses to same-sex couples Friday morning.

The state must now appeal to the Ninth Circuit for a stay request…


  1. John in Houston says

    So, I googled Gov. Butch Otter because I figured with a name like that, he has to bee good. Well, let me tell you, I was severely disappointed.

  2. Richard Harney says

    If they have to appeal to the Ninth circuit, then wouldn’t that be denied automatically since the 9th Circuit already ruled on this exact same case in California?

  3. Grover Underwood says

    I don’t understand why all these judges have issued stays after ruling in favor of marriage equality. I’m glad she didn’t

  4. simon says

    If Idaho appeals to the Supreme Court, it is likely it will issue a stay just as they did in the Utah case. Sooner or later, they have to weigh in to resolve the mess and determine the constitutionality of those bans.

  5. TKinSC says

    @ Richard Harney

    1) The California case was not the same, because they had already granted same-sex “marriages” and even before that, granted same-sex couples pretty much all the (state) trappings of marriage.
    2) The 9th Circuit’s decision in that case was vacated by the Supreme Court, so is of no effect now.
    3) The 9th Circuit stayed that decision, and lifted the stay only after California officials indicated they did not want the stay to continue.