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Otter requests emergency hearing on stay in gay-marriage case by noon today; no response yet from court

Idaho Gov. Butch Otter has requested an emergency hearing from the U.S. District Court by noon today on his motion for a stay in the decision overturning Idaho’s ban on same-sex marriage, but that’s just two hours away and the court hasn’t responded. Jon Hanian, Otter’s press secretary said, “The injunction as we understand it would go into effect on Friday. And so we filed a motion for a stay until this question is decided by a higher court. We’re appealing, and so we believe that we want to avoid what Utah went through and the confusion and chaos that that created.”

Attorney General Lawrence Wasden also is working on a motion for a stay, though nothing’s been filed yet. Hanian said, “There are some other legal options and we’re looking at all of them. We’re hopeful we’ll hear something soon on our request for emergency hearing.”

The governor’s emergency request for hearing says if he doesn’t get a hearing or “some other appropriate relief” by noon today, “he will have no choice but to file a Notice of Appeal … and seek in unseemly haste a Ninth Circuit stay, and if necessary, a stay from Circuit Justice Kennedy.” You can read the governor’s latest filing here.


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Eye On Boise

News, happenings and more from the Idaho Legislature and the state capital.