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Politics & Government
Amber and Rachael filed their lawsuit against Idaho in Nov. 2013. They were married Oct. 15, 2014.In November 2013, eight women -- four couples -- sued the state of Idaho over its 2006 voter-approved constitutional amendment that defines marriage as between one man and one woman.The plaintiffs, Susan Latta and Traci Ehlers, Lori Watsen and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson, say Idaho's ban on same-sex marriage violates equal protection and due process guarantees.Two of the couples have been legally married in other states and two have tried to get Idaho marriage licenses and been denied.Their case went to U.S. Magistrate Judge Candy Dale in May 2014. On May 13, eight days after Dale heard the case, she struck down Idaho's same-sex marriage ban.Idaho Gov. C.L. "Butch" Otter and Attorney General Lawrence Wasden appealed that ruling in an effort to uphold Idaho's Constitution as approved by voters in 2006.On Oct. 7, 2014, the 9th U.S. Circuit Court of Appeals upheld Dale's ruling, striking down Idaho's ban on same-sex marriage. After more than a week of legal challenges, same-sex marriages began Oct. 15, 2014 in Idaho.

Is Idaho's Gay Marriage Case Unique Enough To Yield A Different Supreme Court Decision?

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A reporter for the blog covering the Supreme Court, "Scotusblog" says the state of Idaho likely faces an uphill battle in convincing justices that their case against gay marriage is any different than the seven states the court turned away Monday.

Lyle Denniston says how the Supreme Court views the uniqueness of Idaho's arguments against same-sex marriage will likely determine whether the court keeps a stay in place.

Justice Anthony Kennedy issued the stay early Wednesday and kept Tuesday's 9th U.S. Circuit Court of Appeals decision from taking effect.

Gay couples who woke up hopeful they would get married Wednesday, couldn't.

Denniston says after the Supreme Court decided Monday not to take up similar cases from other states, Idaho attorneys have had to try and make their case seem different.

"They have tried to say that we are raising issues different from those that were raised on Monday," Denniston says. "I would guess that the court might not find that very persuasive."

Denniston thinks the Supreme Court will ultimately deny review in Idaho's case - a repeat of Monday's surprising decision from the court. 

"Because we still don't have a split in the federal appeals courts on this issue."

Find Scott Graf on Twitter @ScottGrafRadio

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