The state of Idaho, or the governor at least, is keen on ensuring that the same-sex marriage ban in the state will remain in place. Bloomberg reported that Idaho Governor Butch Otter has placed a bid before US Magistrate Judge Candy Dale in Boise to block a US appeals court ruling that deemed the ban on gay marriage in the state unconstitutional.
Referring to the San Francisco appeals court order, Otter's attorneys said in the court papers, "Otter is convinced -- and in this he is joined by virtually all informed observers -- that the Ninth Circuit and, if necessary, the U.S. Supreme Court, will grant a stay pending appeal."
Bloomberg said that court-ordered stays, which are in place during appeals, prevent same-sex marriages from being exercised in some of the jurisdictions.
However, the Guardian said that Otter's bid was rejected by Dale, who said in her decision that Otter's appeal to uphold the marriage ban is unlikely to succeed and that there is no reason to keep same-sex couples from getting married or seeking marriage licenses on Friday.
Dale also explained that the governor's articles also lacked legal merit, the UK paper said. She added that if she allowed the state to carry out its enforcement of laws against gay marriage, it would irreparably harm the four couples-plaintiffs who had sued, along with other same-sex couples.
Dale wrote, "Nor does the public interest favor preserving a status quo that deprives individuals of their constitutional rights. The court finds a stay pending appeal is not warranted."
The Guardian said that Dale's ruling was in response to a legal challenge brought by the plaintiffs against Otter and Ada County Clerk Chris Rich for banning their fundamental right to marry. The plaintiffs have claimed in their complaint that the same-sex marriage ban in Idaho had wrongly stigmatized their families.
