Judge Orders Idaho to Pay Attorney Fees in Same-Sex Marriage Case

by

HARRISON BERRY
  • Harrison Berry
Though Idaho's same-sex couples began receiving marriage licenses through the state of Idaho Oct. 15, the fight over marriage equality in the Gem State is far from over, as Gov. C.L. "Butch" Otter has told the media that he will continue to fight for the 2006 voter-enacted same-sex marriage ban despite its defeat in the U.S. 9th Circuit Court of Appeals. Meanwhile, there remains the possibility that Madelynn Taylor, the veteran who sued Idaho for the right to be buried next to her wife in the Idaho Veterans Cemetery may still be denied that right even after her spouse was interred in the cemetery.

Dec. 19, another installment was added to this long drama when U.S. Judge Candy Dale, who in May declared that Idaho's same-sex marriage ban violated same-sex couples' Constitutional rights, has ordered the state of Idaho to pay a portion of plaintiffs' attorney fees and all of their litigation expenses in Latta v. Idaho.

The plaintiffs—four same-sex couples who sued the state over the ban—requested $463,480 in attorney fees and $4,363.08 in expenses, but the state partially opposed the request and argued for a reduced award of $203,435 in attorney fees and $614.36 in litigation expenses. In the final assessment, Dale awarded the plaintiffs $397,300 in attorney fees and $4,363 in litigation expenses.