Idaho Won't Have to Start Issuing Same-Sex Marriage Licenses on Friday, After All
A federal appeals court intervened on Thursday to place a hold on same-sex marriages in Idaho, just one day before an earlier court decision ordered them to begin.
A federal appeals court intervened on Thursday to place a temporary hold on same-sex marriages in Idaho, just one day before an earlier court decision ordered them to begin. The appeals court will now consider the state's request to place a longer stay on the decision during the appeals process.
Idaho Gov. Butch Otter his split his time this week between participating in what must be the greatest gubernatorial debate in all of recorded history and promising to appeal a Tuesday court decision against his state's same-sex marriage ban. U.S. Magistrate Judge Candy Dale ruled that the ban was unconstitutional on Tuesday, but gave the state until Friday at 9 a.m. to start issuing same-sex marriage licenses — or to get a higher court to intervene. The 9th Circuit Court of Appeals granted Otter a temporary stay "pending this court’s disposition of appellants’ emergency motions for a stay pending appeal," as the Idaho Statesman reported.
Judge Dale's 57-page decision more or less eviscerated the state's justification for the 2006 ban, a constitutional amendment approved by the state's voters. She wrote that the laws "deny its gay and lesbian citizens the fundamental right to marry and relegate their families to a stigmatized, second-class status without sufficient reason for doing so," adding that the laws, in her opinion, would not "withstand any applicable level of constitutional scrutiny." In justifying her order to the state to begin same-sex marriages on Friday, Dale said that she believed Otter's appeal isn't likely to succeed. Otter, for what it's worth, has promised to appeal any ruling against the state ban all the way to the Supreme Court.
Which brings us back to last night's gubernatorial debate in Idaho (seriously, if you haven't watched this thing by now, please drop everything, scroll down, and do so. It's only an hour. You have an hour for this.). As it turns out, Otter has one opponent for the GOP nomination who actually supports gay marriage: Harley Brown, a biker candidate on the fringe of the party who gave this stupendous answer to his views on the subject last night (via the Oregonian):
"Let me tell you about discrimination," he said, complaining about how the cops come down on bikers "like heat-seeking missiles" for no reason at all. Then he talked about driving a night cab for 20 years in Boise.
"I've picked up my fair share of the gay community and they have true love for one another," he said. "I'm telling you, they love each other more than I love my motorcycle. You know, they're just as American as a Medal of Honor winner...I'm glad that judge made that decision...I know I'm not really talking like a Republican."
The GOP primaries are on May 20th.