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Appeals court lifts Idaho's stay on same-sex marriage
Source: Idaho Statesman
The 9th Circuit Court of Appeals says Idaho's stay banning same-sex marriage dissolves at 10 a.m. Wednesday.
According to court documents filed Monday, the court's decision comes after Idaho's attorney general dropped its opposition to the stay. Meanwhile, Gov. C. L. "Butch" Otter maintained his resistance in a separate Monday court filing.
Attorney General Lawrence Wasden says his office, along with Ada County Clerk Christopher Rich and the state of Idaho, do not oppose lifting the stay. Wasden said that does not mean the state will not pursue further legal action.
Otter, however, repeated his prior arguments in Monday's filing, implying he will continue fighting gay marriage in Idaho.
According to court documents filed Monday, the court's decision comes after Idaho's attorney general dropped its opposition to the stay. Meanwhile, Gov. C. L. "Butch" Otter maintained his resistance in a separate Monday court filing.
Attorney General Lawrence Wasden says his office, along with Ada County Clerk Christopher Rich and the state of Idaho, do not oppose lifting the stay. Wasden said that does not mean the state will not pursue further legal action.
Otter, however, repeated his prior arguments in Monday's filing, implying he will continue fighting gay marriage in Idaho.
Read more: http://www.idahostatesman.com/2014/10/13/3425874_otter-may-continue-fight-to-stop.html?sp=/99/1687/&rh=1
I'd like to offer my personal services in challenging the Appeals Court's decision. The State of Idaho will still lose, but I'll charge them a lot less for the effort.
3 replies
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"Granting that motion would also improperly treat the sovereign State of Idaho as an ordinary litigant, entitled to no more respect than a fly-by-night payday loan business or massage parlor*," they wrote.
The lawyers also disputed the plaintiffs' assertions that Idaho's law is discriminatory against homosexuals. Gay people are free to get married in Idaho, they pointed out - just not to each other**.
"Idaho's law simply does not bear the marks of sexual orientation discrimination," Perry and Schaerr wrote. "It distinguishes between male-female unions and all other pairings—not between heterosexual unions and other relationships. Indeed, Idaho law allows a gay man to marry a woman or a lesbian to marry a man."
http://www.ktvb.com/story/news/local/2014/10/13/gay-marriage-arguments/17209513/
The lawyers also disputed the plaintiffs' assertions that Idaho's law is discriminatory against homosexuals. Gay people are free to get married in Idaho, they pointed out - just not to each other**.
"Idaho's law simply does not bear the marks of sexual orientation discrimination," Perry and Schaerr wrote. "It distinguishes between male-female unions and all other pairings—not between heterosexual unions and other relationships. Indeed, Idaho law allows a gay man to marry a woman or a lesbian to marry a man."
http://www.ktvb.com/story/news/local/2014/10/13/gay-marriage-arguments/17209513/
* Sorry, this state hasn't had as much respect as either for decades.
**
