The plaintiffs in Idaho's same-sex marriage case have filed an emergency motion with the 9th Circuit Court of Appeals to lift the stay and directly authorize gay marriages to begin in Idaho; you can read it here.
In the motion, attorney Deborah Ferguson wrote, “While defendants cannot show that the State of Idaho would suffer any harm in the absence of a stay, the challenged laws cause serious, continuing, and irreparable harm to plaintiffs and other same-sex couples—and to their children—each day they remain in effect.”
“Same-sex couples who wish to marry are subjected to irreparable harm every day they are forced to live without the security that marriage provides,” she wrote. “That harm is not speculative, but immediate and real.”
She also wrote that Idaho’s ban in gay marriage is unlikely to get review from the U.S. Supreme Court, which today lifted its stay on the 9th Circuit’s decision. “On Monday of this week, the Supreme Court denied seven petitions for writs of certiorari seeking review of judgments from three courts of appeals that together held that five States’ prohibitions on marriages by same-sex couples violate those couples’ Fourteenth Amendment rights,” Ferguson wrote. “There is no reason to believe that any further petition for further review by defendants, whether in this Court or the Supreme Court, will meet any different fate.”