Here’s a link to my full story at spokesman.com on the delay in what otherwise was looking to be a historic moment tomorrow – the beginning of legal same-sex marriages in Idaho. Idaho’s gay marriage ban was overturned Tuesday when U.S. Magistrate Judge Candy Dale ruled it unconstitutional. Dale said Idaho must begin issuing marriage licenses to same-sex couples starting Friday morning at 9, but the state filed emergency motions seeking a delay while it appealed the ruling.
On Thursday afternoon, the 9th Circuit U.S. Court of Appeals issued a temporary stay, putting a hold on gay marriages in Idaho while it considers the state’s motions. The court didn’t signal how long it would take; for now, everything’s on hold. Deborah Ferguson, lead attorney for the four couples who successfully sued to overturn Idaho’s ban, noted that the 9th Circuit hasn’t decided whether Dale’s order should be stayed while it’s appealed to higher courts. It’s just given itself more time to consider the motions for such a stay and the couples’ objections to it.