Idaho's ban on same-sex marriage may have been ruled unconstitutional by a federal judge, but no marriage licenses for same-sex couples will be granted in the state.
An official with the U.S. District Court in Idaho confirmed to Boise Weekly
that the 9th Circuit Court of Appeals had issued a temporary stay on the ruling, handed down by District Judge Candy Dale on May 13.
Declining to be named, the court official had little information to share: "We just got this, so we don't even have anything on [the website] yet."
Gov. C.L. "Butch" Otter and Idaho Attorney General Lawrence Wasden have both opposed the ruling, which struck down the Idaho constitutional amendment defining marriage as between a man and a woman. Otter's request to the District Court for a stay was declined, opening the way for licenses to be issued for same-sex marriages as soon as 9 a.m., Friday, May 16.
An appeal to overturn the ruling has been filed in the 9th Circuit, which will determine whether to make the stay permanent.
UPDATE, 2:08 p.m.:
Gov. C.L. "Butch" Otter issued a statement on his official website:
"I appreciate the 9th U.S. Circuit Court of Appeals stepping in to ensure Idaho will not have to endure the same kind of chaos and confusion
that Utah faced after a similar lower-court decision. Today’s ruling stays the federal magistrate’s order and maintains the status of marriage as defined by the Idaho Constitution–between one man and one woman. Meanwhile, I am proceeding with an aggressive challenge in the appellate court. I’m hopeful for a better outcome, but in any event I am committed to defending our Constitution and the will of Idaho voters.”
UPDATE, 3:30 p.m.:
Kirsten Wilkinson, chief deputy of operations for the U.S. District Court in Boise, told Boise Weekly
that several scheduling orders have been filed with the 9th Circuit Court, setting the timeframe for the appeals to overturn Magistrate Candy Dale's ruling that Idaho's same-sex marriage ban is unconstitutional.
According to Wilkinson, briefs in the case are due in August and September, with the answering brief expected Sept. 22. With a temporary stay on the ruling granted May 15, those same-sex couples wanting to get a marriage license may have to wait a few months.
"It's going to be probably at least until the fall," Wilkinson said.