A federal magistrate judge has denied Idaho's request for a stay on a ruling against the state's same-sex marriage ban. U.S. District Magistrate Judge Candy Dale, who decided against the ban on Tuesday afternoon, said that the appeal from Gov. C.L. "Butch" Otter isn't likely to succeed, meaning there's no reason the state shouldn't abide her order to start issuing those licenses on Friday. Otter filed a preemptive stay before Dale's ruling, just in case the judge decided against the ban. As Otter may have anticipated, Dale's 57-page decision came down strongly against the state law.
In her decision against the stay, Dale added that the "public interest" in this case does not favor "preserving a status quo that deprives individuals of their constitutional rights." Otter now has three more days to get a stay on appeal to a higher court. He has previously vowed to fight any decision against his state's ban all the way to the Supreme Court. If he doesn't obtain a stay in time, couples will be able to marry starting at 9 a.m. on Friday.
This article is from the archive of our partner The Wire.
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