The 9th U.S. Circuit Court of Appeals heard arguments Monday afternoon in California on Idaho’s gay marriage lawsuit. A lower federal court ruled in May that Idaho’s ban on same-sex marriage is unconstitutional.
Boise Attorney Deborah Ferguson represented the four lesbian couples who sued the state. Ferguson labeled Idaho’s ban “state sanctioned discrimination” and told the panel it denies her clients a fundamental right.
“The plaintiffs who sit here before you today have been denied by the state of Idaho the human dignity and extraordinary significance of the status of marriage which our Supreme Court has held is of immense importance,” Ferguson said.
Representing Idaho Gov. C.L. "Butch" Otter, private attorney Monte Stewart argued that same sex marriage would hurt children and the institution of opposite sex marriage. The judges seemed to meet his claims with skepticism.
Stewart acknowledged he was predicting unprovable future events or “looking into a crystal ball". Idaho voters approved a constitutional amendment banning gay marriage in 2006.
“Idaho’s crystal ball is based on the collective wisdom, common sense, experiences, judgment of a majority of its people," Stewart said. "That is the genius of the democratic process."
Stewart mentioned crystal balls several times during the hour long hearing. That included a reference to comments from Supreme Court Justice Anthony Kennedy that the consequences of same sex marriage were a matter for discussion and debate.
At that, Judge Stephen Reinhardt interrupted Stewart to say he would have an opportunity to find out what Justice Kennedy really thinks. That drew laughter from the packed courtroom. The implication was clear: no matter how the 9th Circuit rules on Idaho’s case, or how other courts ruled in the many similar cases around the country, the U.S. Supreme Court would eventually settle the issue. Stewart agreed.
“As much as we all like this court, and we do,” Stewart said.
“The 9th Circuit or the Supreme Court ?” Reinhardt interrupted, drawing more laughter.
“Yeah, the 9th Circuit,” Stewart continued. “We all know this is going to be decided one step up.”
The three judge panel in San Francisco will issue a written ruling at a later time. A recent ruling on a similar case in another circuit court came in less than two weeks.
Follow reporter Adam Cotterell on Twitter @cotterelladam
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