Idaho's Attorney General Lawrence Wasden and Governor Butch Otter (pictured) have filed an emergency motion to recall a 9th Circuit mandate that would lift the state's gay marriage ban.
Because of the mandate, same-sex couples in Idaho won't have to wait for the standard 7-day time span for the ruling to take effect. The Federal Rules of Appellate Procedure typically provide the seven-day waiting period to give the losing side a chance to appeal.
But the state of Idaho filed an emergency motion to recall that mandate, the attorney general's office confirmed Wednesday morning. It's unclear whether same-sex marriages will be allowed to proceed Wednesday.
Officials at the courthouse say they are following the order from the district court and will move forward once they get the word. The clerk's office got plenty of calls Tuesday about when gay couples can begin to wed.
Earlier this morning, Idaho Gov. Butch Otter filed a motion with the 9th Circuit Court of Appeals seeking a stay pending appeal of the court's ruling Tuesday that Idaho's law banning gay marriage is unconstitutional be stayed pending an appeal.
Without the stay, county clerks throughout Idaho will be compelled to begin issuing mariage licenses to same-sex couples beginning at 8 a.m. Wednesday.
"Each same-sex marriage performed will be contrary to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels," wrote Thomas C. Perry, counsel for the governor, in one of three filings this morning.
A stay would allow the state to seek a review by the entire 9th Circuit Court of Appeals of Tuesday's ruling by a three-member panel. Perry wrote the state is also prepared to press the matter before the United States Supreme Court.
However, the paper also reports that Ada County Clerk Chris Rich was told by the attorney general's office at 9 pm last night to begin issuing licenses to gay couples seeking them "until he hears otherwise."
UPDATE: Justice Anthony Kennedy orders temporary stay.
Read the motion below:
