Appeals court says same-sex marriages will stay on hold in Idaho
- Share via
Reporting from SEATTLE — In the rapidly changing legal landscape surrounding same-sex marriage, one thing stayed the same on Tuesday.
A week ago, a federal judge in Boise struck down Idaho’s ban on gay marriage, declaring in her opinion that “marriage is a fundamental right of all citizens, which neither tradition nor the majority may deny.”
Before gay and lesbian couples could break out the rainbow-colored rice, however, Gov. C.L. “Butch” Otter and Atty. Gen. Lawrence Wasden appealed the decision.
And an appellate court put a temporary hold on U.S. Chief Magistrate Judge Candy Wagahoff Dale’s ruling that the state Constitution’s definition of marriage as only between a man and a woman is unconstitutional.
On Tuesday, a three-court panel of the U.S. 9th Circuit Court of Appeals ruled that the temporary stay should remain in place until Idaho’s appeal can be heard, meaning that no same-sex marriages will be performed in the Gem State for the time being.
The court also set an expedited hearing date of Sept. 8.
In a concurring opinion, 9th Circuit Judge Andrew D. Hurwitz wrote that “it is almost certain that the Supreme Court will eventually resolve the merits of this appeal, and I do not venture to predict the court’s ultimate conclusion.”
However, Hurwitz continued, “I find it difficult to conclude that the Idaho ban on same-sex marriage would survive interim 9th Circuit review.”
Sign up for Essential California
The most important California stories and recommendations in your inbox every morning.
You may occasionally receive promotional content from the Los Angeles Times.
