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BOISE — U.S. Magistrate Judge Candy W. Dale has denied Gov. Butch Otter's motion for a stay on her decision overturning Idaho's ban on same-sex marriages.
After Dale's ruling on Tuesday, Otter requested that an emergency hearing before Judge Dale take place before noon Wednesday on his request for a stay. Otter asked that no marriages be permitted until "completion of all appeals."
Dale denied both of Otter's requests.
This decision may well still be stayed by the Ninth Circuit, or failing that the United States Supreme Court, pending appeals. But it's still nice seeing a judge who is not willing to play along with those insistent upon dragging out this process that is very clearly leading to in inevitable and imminent conclusion - the overturning of all same-sex bans nationwide.
This decision may well still be stayed by the Ninth Circuit, or failing that the United States Supreme Court, pending appeals. But it's still nice seeing a judge who is not willing to play along with those insistent upon dragging out this process that is very clearly leading to in inevitable and imminent conclusion - the overturning of all same-sex bans nationwide.
I just heard on the news that marriages here will start Monday.
I'm sure Otter will appeal to the 9th Circuit, as he was listed as a defendant in the case, but until the appeal is accepted, Judge Dale's decision stands, and Idaho cannot prevent marriages now.
I'm positive Idaho will file an appeal with the 9th circuit court. But of the 40 or more appeals Idaho has already filed with the circuit court over various social laws that have been overturned in lower courts (including the Idaho supreme court), as far as I know, none has ever gone to the SCOTUS. Idaho joined other states in some of the the past appeals, but has never taken one all the way to SCOTUS on it's own.
A sidenote:
Idaho adopted a state constitutional revision that limited valid and recognized marriage to only a man and a woman in 2006. Along with other states with similar statuates, it was struck down on May 13th.
Last November, two lesbian couples who were all legally married in other states filed a lawsuit in the 9th district. They were joined by two others who were raising children.
Both parties asked for a summary judgement- a decision based on the parties' briefs alone. Since the summary judgement was requested by both, the judge's decision enjoined the state from enforcing the law.
Her ruling followed the Supreme Court's earlier decisions.
In her statement she said:
"An individual’s protected liberties include certain fundamental rights of personhood. These rights center on the most significant decisions of a lifetime—whom to marry, whether to have children, and how to raise and educate children. ... rights sheltered by the Fourteenth Amendment against the State’s unwarranted usurpation, disregard, or disrespect."
Then she went on to cite earlier decisions made by SCOTUS and other courts.
I am so ashamed of my home state of Florida. How the heck are all these states in no where land progressing on this issue faster than Florida!!
Yes, and all red states to boot! To think, Kentucky, Arkansas, Texas, Utah, Indiana, Ohio, now Idaho. At this rate, SSM will be legal in all the red states before it's legal in the blue states!
It's time for Gov Otter to go. He is a close minded good ole boy and he needs to either be impeached or retire.
This paragraph says it all:
He pointed out that Utah had an "unmitigated disaster" after its ban was repealed Dec. 20 and before marriages were halted Jan. 6, pending that state's appeal: "Utah, its administrative agencies, its same-sex couples and its citizens generally have been plunged into uncertainty, chaos and confusion over the marital status of the same-sex-couples who received marriage licenses in that state before the United States Supreme Court stepped in."
Yes, I'm sure everyone in Utah is running around in a state of extreme confusion. Black is white, night is day. I love how he makes false victims out of "its citizens generally."
He pointed out that Utah had an "unmitigated disaster" after its ban was repealed Dec. 20 and before marriages were halted Jan. 6, pending that state's appeal: "Utah, its administrative agencies, its same-sex couples and its citizens generally have been plunged into uncertainty, chaos and confusion over the marital status of the same-sex-couples who received marriage licenses in that state before the United States Supreme Court stepped in."
Yes, I'm sure everyone in Utah is running around in a state of extreme confusion. Black is white, night is day. I love how he makes false victims out of "its citizens generally."
Utah got used to it pretty quickly. I haven't heard of any problems since the marriage licenses began to permit same-sex marriages again.
Salt Lake is a big, urban, hi-tech city. With 2 million people living in the Salt Lake valley, I'm sure they have homosexuals. I'm pretty sure that the gays who live outside of the valley most likely go to Salt Lake to get their licenses; there are lots of small towns in central and southern Utah, and there may be problems there in the local county seats.
Butch has been a no-show Governor throughout his second term. He stays on his ranch outside Boise and doesn't even go to the capital building until Tuesday most weeks, and usually calls it a day around 2:30 pm when in his office. He has skated like this his entire political career. It is frustrating for his party, for sure, and when he announced he was going for an unprecedented 3rd term, a lot of Idahoans in both parties weren't happy.
For the first time, Butch is now facing serious primary competition. There is a real possibility Butch will be defeated in the primary.
Only one other Governor has served for more than 2 terms. Cecil Andrus served 4 in total, but there was a 4 year gap in them, when he was the Sec. of Interior. When he came back to Idaho, he was elected twice more. His first set was actually 1 and 1/2 terms; he was 2 years into his second term when called to Washington.
Idaho Judge Rules Same-Sex Marriage Ban Unconstitutional.
U.S. District Magistrate Judge Candy Dale wrote in the ruling Tuesday evening that Idaho's laws banning same-sex marriage unconstitutionally deny gay and lesbian citizens of their fundamental right to marry.
Dale says marriage works a fundamental change on the lives of all who experience it, and holds immense personal and spiritual significance.
She says Idaho's laws wrongly stigmatize gay and lesbian couples and relegate their families to second-class status without sufficient reason.
Yea, that was the first tidbit of good news I've heard today! Thank you for the update SunnyKayak, you are so good at keeping us in the know.
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