Politics & Government

Your Guide To The Legal Battle Over Same Sex Marriage In Idaho

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.

Same-Sex Marriages To Begin Wednesday In Idaho, Gov. Otter Won't Appeal

Boise State Public Radio News | By Associated Press

Published October 13, 2014 at 2:02 PM MDT

This story was updated Oct. 14 at 2:03 p.m.

It appears same-sex marriages will begin as planned Wednesday morning after Gov. C.L. "Butch" Otter issued this statement saying he's done all he can to "defend traditional marriage in Idaho."

“The 9th U.S. Circuit Court of Appeals has issued its mandate for enforcement of decisions overturning the Idaho Constitution’s prohibition on same-sex marriage effective at 10 a.m. MDT, 9 a.m. PDT on Wednesday, October 15. I continue to believe that the federal courts are mistaken in abandoning the sanctity of traditional marriage and in undermining the will of Idaho voters and each state’s right to define marriage. But we are civil society that respects the rule of law. We have done all we can through the courts for now to defend traditional marriage in Idaho.” - Gov. Otter

The spokesman for Idaho's attorney general says his office does not intend to file any appeals today or tomorrow.

This story was originally posted Oct. 13 at 2:02 p.m.

The 9th U.S. Circuit Court of Appeals says same-sex marriage licenses may be issued in Idaho beginning Wednesday morning. However, the state is still considering legal options that could impede the start of gay marriages.

After a series of court filings beginning Oct. 7, the 9th Circuit and U.S. Supreme Courts have paved the way for same-sex marriage in Idaho.

Still, the Idaho attorney general's office says it is considering an appeal and looking at the legal options for how best to pursue next steps.

The plaintiff's lawyer, Deborah Ferguson says Gov. C.L. "Butch" Otter could decide to file a motion directly with U.S. Supreme Court's Justice Anthony Kennedy.

According to court documents filed Monday, the court's decision comes after Idaho's attorney general dropped its opposition to the stay. Meanwhile, Gov. Otter maintained his resistance to the stay in a separate Monday court filing.

Same-Sex Marriages To Begin Wednesday In Idaho, Gov. Otter Won't Appeal

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