Boise attorney Deborah Ferguson is now arguing the case for the four lesbian couples who successfully sued to overturn Idaho’s ban on same-sex marriage. Idaho has “the most sweeping” such ban in the 9^th Circuit, she said. “It bars the possibility of any form of relationship recognition for its same-sex couples, relegating tem to a permanent second-class status,” she told the court.

Rejecting the state’s arguments that the ban is better for children, Ferguson said, “There is no logical nexus here. Allowing same same-sex couples to marry will benefit them and those children.”

Judge Marsha Berzon quickly interrupted her to quiz her about the appropriate level of scrutiny under which the court should consider the case. "I think that the law is unconstitutional on all three bases," Ferguson said.