Will Prop. 8 Decision Affect Idaho LGBT Community?

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Both civil rights advocates and religious conservatives are waiting in anticipation of Federal Chief District Judge Vaughn Walker’s decision in California’s Proposition 8 landmark Perry v. Schwarzenegger case.

Filed over a year ago, the January trial challenged the constitutionality of the voter-initiative that banned same-sex marriage by just 52 percent of the popular vote in the November 2008 election.

Either way Walker decides, it’s likely to spark outrage. Should the decision go the way of the plaintiffs and Prop. 8 is overturned, many wonder how that will affect states like Idaho with constitutional bans on same-sex marriage. The consensus is there is likely to be a long court battle before we have a final answer.

Idaho Attorney General’s office spokesperson, Bob Cooper said, “It’s anticipated that it will be appealed both to the Ninth Circuit and to the Supreme Court regardless of which way it goes, so it’s really impossible to speculate on what impact, if any, it would have on Idaho. It’s going to depend on where it becomes a question of settled law and what the decision is.”

ACLU of Idaho executive director, Monica Hopkins concurred. “It is difficult to speculate on these legal issues. However if Prop 8 is struck down we may see the issue before the Supreme Court. Until the legal question is solved by the courts we have no way of knowing how this may affect the Idaho constitutional amendment banning same-sex marriage."

The American Foundation for Equal Rights is the non-profit organization funding the plaintiffs and assembled the legal team lead by Theodore Olson and David Boies. Spokesperson Robb Yusef told BW, “We’re eagerly waiting to see how the court will rule and trust the court will make the right decision. Either way the court rules the other side will appeal this to the circuit court and then we expect this to be appealed to the Supreme Court. We have committed to take this case all the way because we believe that people fundamental rights need to be guaranteed once and for all.”

The California Supreme Court ruled May 15, 2008, in a 4-3 decision that banning same-sex marriage is unconstitutional. Marriage license for gays and lesbians began being issued June 1, 2008. Until the passage of Prop 8, 18,000 same-sex couples have been legally married. Thus far, efforts to invalidate those marriages have been unsuccessful and the outcome of this case will not affect them.

Boise Weekly's requests for comment from Protect Marriage, the organization leading the Yes on Prop. 8 campaign, have not been returned. Protect Marriage received $40 million in donations from all over the county. Of that sum, $22 million was from members of the Church of Latter-Day Saints. At least $419,000 came from Idahoans, with the largest donation of $100,000 coming from Belinda VanderSloot, the wife of Idaho Falls conservative millionaire and Melaleuca CEO Frank L. VanderSloot.