It does not appear that the U.S. Magistrate Judge Candy Dale plans to schedule a hearing by noon today, as requested by Gov. Butch Otter, on his motion to stay her decision overturning Idaho’s ban on same-sex marriage. The court referred inquiries to its docket, which shows nothing scheduled. Standard practice in U.S. District Court is for any hearings to be noticed on the court docket, with time for the parties to get to court and be prepared.
The current status of the case, according to the court docket, is that the ban has been permanently enjoined as unconstitutional, with the injunction taking effect Friday at 9 a.m. Boise time.
Todd Dvorak, spokesman for Idaho Attorney General Lawrence Wasden, said, “We have not heard anything. We are in the process of filing a motion for a stay.” That’s like to be filed later today, he said. “We are not asking for an emergency hearing when we file our motion to stay,” Dvorak said. “We will be gently asking the judge to expedite the process if possible.”