Gay marriage blocked in Idaho a day after court rejected ban

Thu., Oct. 9, 2014

By Betsy Z. Russell betsyr@spokesman.com (208) 336-2854

• John Bujak , Libertarian: “I was disappointed that Gov. Otter decided to continue to waste more Idaho taxpayer money fighting this issue. Nevada’s Republican governor in the companion case saw the wisdom in ending the fight because it is a fight that cannot be won in the federal courts. At this point, Idaho is best served by saving its limited resources and putting them to a more practical use, such as improving education or reclaiming control over Idaho’s lands.”

• A.J. Balukoff , Democrat: “Idaho should be spending its precious few taxpayer dollars on higher priorities, like education and growing our economy. As I’ve said many times, Gov. Otter’s misguided priorities have devastated our schools and led Idaho’s economy to the bottom nationally. … This ruling recognizes that in America we do not have the right to impose our beliefs and practices on other people, and discrimination is wrong. We must treat all people equally, with kindness and respect. I’m proud of the courage shown by these people who challenged a law that violates the United States Constitution.”

BOISE – U.S. Supreme Court Justice Anthony Kennedy issued an emergency stay Wednesday morning blocking same-sex marriage from starting in Idaho – just as couples waiting at county clerk’s offices around the state were about to receive their licenses.

The stay came at the request of Idaho Gov. Butch Otter.

“We’ll be back,” said attorney Deborah Ferguson, who represented four Idaho lesbian couples in suing to overturn the state’s ban on gay marriage. Some of her clients were in tears.

One same-sex couple received a marriage license in Twin Falls before Kennedy issued his order, the Twin Falls Times-News reported. A second was turned away and left dejectedly.

Otter said he was “pleased” with the emergency order from Kennedy, which asked attorneys for the plaintiffs to respond by 5 p.m. today. “Justice Kennedy has given us the opportunity to make our case in a way that helps avoid the confusion some other states have faced,” Otter said. “We also asked the 9th Circuit for the same relief, but I’m grateful that Justice Kennedy acted so promptly.”

Both Otter and Idaho Attorney General Lawrence Wasden filed emergency motions early Wednesday morning asking the 9th U.S. Circuit Court of Appeals to halt the effect of its ruling a day earlier determining Idaho’s ban on same-sex marriage to be unconstitutional. Those motions weren’t expected to be successful, however, as the 9th Circuit followed up its ruling Tuesday night with an order specifically making the ruling effective immediately.

Otter said, “I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage.”

Otter and Wasden argued in their motions that allowing same-sex marriages to start in Idaho would cause the state “irreparable harm.” In his filing to the U.S. Supreme Court, Otter’s lawyers wrote, “Each same-sex marriage performed will be an affront to the interests of the State and its citizens in being able to define marriage through ordinary democratic channels.”

Shelia Robertson and Andrea Altmayer, who are among the plaintiffs in Idaho’s case, were first in line at the Ada County Courthouse on Wednesday morning to get a marriage license when the emergency order came through at 8 a.m.

“I don’t understand – I just want my life,” said Robertson, wiping away tears. “I just want to marry the person of my dreams. I feel like a pawn in a game to be honest, and I don’t get it – it’s my life, really. Come on. It’s not going to hurt anyone.”

She and Altmayer, along with 4-year-old son Bridger, commiserated with family and friends gathered on the courthouse steps and wondered what’s next.

“It’s just so disappointing,” Altmayer said.

Added Robinson, “Especially given what the Supreme Court did two days ago.”

On Monday, the Supreme Court rejected seven appeals from five states seeking to ban same-sex marriage, effectively legalizing gay marriage in 30 states and the District of Columbia. The 9th Circuit’s ruling against bans in both Idaho and Nevada came the next day.

Ferguson, the attorney for the Idaho couples, said it was unclear why Kennedy granted Otter’s emergency stay request. Nevertheless, “We’ll be filing our response on or before 5 o’clock tomorrow evening,” she said. Midday Wednesday, Kennedy clarified that his stay order was meant to apply only to Idaho – not to Nevada, where state officials hadn’t requested it. That cleared the way for same-sex marriages to begin in Nevada.

Then, Wednesday afternoon, the 9th Circuit, in compliance with Kennedy’s stay order, rescinded its Tuesday evening order making its ruling effective immediately.