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

Oct 13, 2014

Rachael (Robertson) Beierle and Amber Beierle are two of the eight plaintiffs who sued Idaho over its same-sex marriage ban. The Beiereles tried to get their marriage license last week, and were denied.
Credit Frankie Barnhill / Boise State Public Radio

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.

Copyright 2014 Boise State Public Radio