Eye On Boise

Court rejects Otter's motion for stay, marriage ruling stands

U.S. Magistrate Judge Candy Dale has denied Gov. Butch Otter’s motion for an emergency hearing on his bid to stay her decision overturning Idaho’s ban on same-sex marriage – and she’s also denied the motion for a stay. “Having fully reviewed the record, the Court finds that the facts and legal arguments are adequate presented in the Governor’s motion, the briefs on the merits, and the record,” she wrote in an order issued just now. “Accordingly, in the interest of avoiding delay, and because the Court conclusively finds that the decisional process would not be significantly aided by oral argument, this matter will be decided on the record without oral argument.”

She then proceeded to decide it. “This case involves serious legal questions, but as the Court’s May 13 Order makes clear, Governor Otter is not likely to succeed on the merits,” the judge wrote. “The State’s continued enforcement of its laws against same-sex marriage irreparably harms Plaintiffs and other same-sex couples.”

She found that the “public interest” doesn’t favor “preserving a status quo that deprives individuals of their constitutional rights.” So her ruling stands: Unless a higher court intervenes, same-sex marriage will become legal in Idaho on Friday morning.

Here is our coverage of Tuesday night's initial ruling by Dale.   




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Betsy Z. Russell
Betsy Russell covers Idaho news from the state capitol in Boise and writes the Eye on Boise blog.

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