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Idaho AG Seeks to Dismiss Same-Sex Marriage Suit

In his dismissal motion, Wasden says the courts haven't ruled that same-sex marriage is a fundamental right and the ban in Idaho doesn't violate the couple's rights.

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Idaho Attorney General Lawrence Wasden has filed a motion in an effort to dismiss a lawsuit lodged against the state, challenging Idaho's same-sex marriage ban.

In November, four couples—all women—filed the suit, naming Gov. C.L. "Butch" Otter and Ada County Clerk Chris Rich, claiming that the state's prohibition of same-sex marriage runs counter to due process and equal-protection rights granted under the U.S. Constitution. The couples are represented by Boise attorneys Deborah Ferguson and Craig Durham. Three of the four couples are raising children.

But in his dismissal motion, Wasden says the courts haven't ruled that same-sex marriage is a fundamental right and the ban in Idaho doesn't violate the couple's rights. In 2006, Idaho voters backed the ban on gay marriage.

Wasden also said that a recent decision from the U.S. Supreme Court on the Defense of Marriage Act still allows states to define marriage.