Same-Sex Marriage in Idaho Will Be Back in 9th Circuit Court's Hands

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Reacting to a stay order issued this morning by U.S. Supreme Court Justice Anthony Kennedy, the 9th Circuit Court of Appeals has recalled the mandate it issued Oct. 7, which declared that marriage licenses be issued to same-sex couples immediately.

In other words, the plaintiffs, including Gov. C.L. "Butch" Otter and Attorney General Lawrence Wasden, must challenge the 9th Circuit Court's ruling that the ban is unconstitutional by 5 p.m. Thursday, Oct. 9, if they wish to continue their defense of the ban. 

"With the recall of the mandate, Idaho is now back under the 9th Circuit Court of Appeals rules and a stay remains in effect for the case until further notice from the appeals court or the U.S. Supreme Court," Wasden wrote in a press release.