This post was updated at 5:00 p.m. May 15.
Same-sex weddings likely won't begin Friday morning in Idaho. The Idaho Statesman reports the 9th U.S. Circuit Court of Appeals has granted a temporary stay of a lower court's ruling striking down Idaho's same-sex marriage ban.
"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. Court of Appeals. - Idaho Statesman
In an historic ruling Tuesday, U.S. Magistrate Judge Candy Dale ruled Idaho's 2006 voter-approved ban on same-sex marriages unconstitutional.
The state of Idaho is fighting that ruling. In a written statement, Gov. C.L. "Butch" Otter says he appreciates that Idaho will not have to "endure the same kind of chaos and confusion that Utah faced after a similar lower-court decision."
“I appreciate the 9th U.S. Circuit Court of Appeals stepping in to ensure Idaho will not have to endure the same kind of chaos and confusion that Utah faced after a similar lower-court decision. Today’s ruling stays the federal magistrate’s order and maintains the status of marriage as defined by the Idaho Constitution – between one man and one woman. Meanwhile, I am proceeding with an aggressive challenge in the appellate court. I’m hopeful for a better outcome, but in any event I am committed to defending our Constitution and the will of Idaho voters.” - Gov. Otter
The 9th U.S. Circuit Court of Appeals on Thursday put the weddings on hold while it considers a request for a longer stay while the governor and attorney general appeal the case.
Deborah Ferguson is the Boise lawyer representing the eight plaintiffs in the case. She sees the temporary stay as a good sign.
“If the 9th Circuit wanted to issue a stay, it could have done so immediately," says Ferguson. "But the fact that they're posting a temporary stay pending further consideration means they’re taking a hard look at it.”
Ferguson says there’s no way to know when the appellate court will issue its final decision to grant or reject the stay. It could be tomorrow or two weeks from now.
The four couples who sued to get Idaho's ban overturned had asked the court to allow the weddings to begin.
Gay marriage is legal in 17 states and the District of Columbia.
The Associated Press Contributed
