Tag: Idaho

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Idaho Gov. Butch Otter Throws In The Towel On Same-Sex Marriage

Gov. Butch Otter has issued a statement acknowledging his state has run out of options and same-sex marriage will begin in Idaho beginning tomorrow morning at 10AM MDT.

“The 9th U.S. Circuit Court of Appeals has issued its mandate for enforcement of decisions overturning the Idaho Constitution’s prohibition on same-sex marriage effective at 10 a.m. MDT, 9 a.m. PDT on Wednesday, October 15.

“I continue to believe that the federal courts are mistaken in abandoning the sanctity of traditional marriage and in undermining the will of Idaho voters and each state’s right to define marriage. But we are civil society that respects the rule of law. We have done all we can through the courts for now to defend traditional marriage in Idaho.”

You’ll note the use of “for now” in that last sentence.

Idaho Attorney General Lawrence Wasden’s spokesman, Todd Dvorak, told BuzzFeed News, “Attorney General [Wasden] currently has no plans for filing any legal challenge today or tomorrow.”

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Idaho: Ninth Circuit Lifts Stay Of Same-Sex Marriage Ruling

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Yo! Yo! Yo! Idaho Has Marriage Equality In The House

From the National Center for Lesbian Rights:

Today, the Supreme Court of the United States rejected a request by State of Idaho officials to put on hold the federal appeals court decision that struck down as unconstitutional Idaho’s laws prohibiting marriage by same-sex couples.

The Supreme Court’s decision allows the United States Court of Appeals for the Ninth Circuit to enter an order allowing its October 7th decision in the Idaho case to go into effect. Upon entry of such an order by the Ninth Circuit, the State of Idaho would be required to issue marriage licenses to same-sex couples immediately.

On October 7th, the Ninth Circuit ruled 3-0 that Idaho’s ban on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection. Later that day, the Ninth Circuit ordered that its decision take effect immediately, which would have required Idaho to begin issuing marriage licenses the following morning.

On October 8th, United States Supreme Court Justice Anthony Kennedy temporarily stayed the Ninth Circuit’s decision in response to a request by State of Idaho officials to keep that decision from taking effect while the state officials either ask for further review of the case by a larger panel of Ninth Circuit judges or ask the Supreme Court to review the case.

Today’s decision by the Supreme Court rejected that request and cleared the way for the Ninth Circuit to enter an order allowing its decision to take effect.

(h/t JMG)

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Nevada: Same-Sex Marriage To Begin At 2PM Today

My state! My state! My state!

Per Jon Ralston of the Ralston Report, in light of yesterday’s ruling by the 9th Circuit Court same-sex marriage Clark County Clerk Diana Alba will begin issuing marriage licenses to same-sex couples today at 2pm.

There is one waiting period in Nevada.

On the other side of the 9th Circuit ruling, Idaho Gov. Butch Otter has requested and received a stay on the same-sex marriage ruling for his state as he prepares for appeal by asking for a review en banc, or a review by the entire 9th Circuit Court.

Supreme Court Justice Kennedy (who oversees requests from the 9th Circuit) agreed to the stay with minutes to spare as Ada County Clerk Chris Rich was planning to begin issuing licenses this morning at 8AM.

UPDATE: It appears Idaho’s request for stay also affects Nevada since the two cases were heard in tandem. So Justice Kennedy’s stay puts same-sex marriage in Nevada on hold for now. Boo!

From Chris Geidner at Buzzfeed:

Although the application seeking the stay only came from Idaho officials, Kennedy’s order issuing a stay includes the 9th Circuit case numbers of both the Idaho and Nevada cases. From the language of Kennedy’s order, then, the rulings as to both Idaho and Nevada are on hold for now.

It was not immediately clear why Kennedy’s order referenced the Nevada case number, although a Tuesday decision from the 9th Circuit might be why. On Tuesday, in a brief order issued just prior to the release of its decision striking down both states’ bans, the 9th Circuit stated, “These cases are consolidated for purposes of disposition.” As such, all of the orders — including the mandate — issued in the two states’ cases were handled in a single order each time on Tuesday, meaning there was only one mandate issued as to both states’ cases.

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HUGE NEWS! 9th Circuit Court of Appeals Rules Nevada & Idaho Marriage Bans Unconstitutional

Via press release from the National Center for Lesbian Rights:

Today’s decision, written by Judge Stephen Reinhardt, holds that “Idaho and Nevada’s marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states.”

The decision further states: “Classifying some families, and especially their children, as of lesser value should be repugnant to all those in this nation who profess to believe in ‘family values.’ In any event, Idaho and Nevada’s asserted preference for opposite-sex parents does not, under heightened scrutiny, come close to justifying unequal treatment on the basis of sexual orientation.”

The Idaho case was brought in November 2013 by four same-sex couples: Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson. The couples are represented by Idaho attorneys Deborah Ferguson and Craig Durham of Ferguson Durham LLP and the National Center for Lesbian Rights (NCLR). On September 8th, Ferguson argued before Ninth Circuit Judges Stephen Reinhardt, Marsha S. Berzon, and Ronald M. Gould that Idaho’s laws that ban marriage equality and prohibit the state from respecting the marriages of same-sex couples who married in other states violate the U.S. Constitution. The Idaho case was consolidated for purposes of the decision with Sevcik v. Sandoval, a case challenging Nevada’s marriage ban brought by same-sex couples represented by Lambda Legal.

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Oral arguments in 9th Circuit Court today for Idaho, Nevada and Hawaii

Today at 1pm Pacific time, the 9th Circuit Court of Appeals will hear oral arguments regarding marriage equality for Idaho, Nevada (my home state), and Hawaii.

You can watch via YouTube below or by going to www.ca9.uscourts.gov and clicking the website’s link, “Live Oral Arguments.”

Idaho will get a full hour (equally split for both sides) for oral arguments.  Nevada will follow with 30 minutes total, and then Hawaii will have 20 minutes to make each side’s case.

If you want to follow the Twitter conversation, look for hashtag #9thCircuit

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Ninth Circuit panel selected for marriage equality cases in Hawaii, Nevada and Idaho

According to Equality Case Files, the three-judge panel selected for next week’s 9th Circuit Court of Appeals hearings on marriage equality bode well for the good guys.

The Nevada, Idaho and Hawaii cases will be heard consecutively next Monday, September 8th beginning at 4pm in San Francisco.

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Idaho: No “en banc” hearing at 9th Circuit Court for same-sex marriage ban challenge

The Ninth Circuit Court of Appeals has turned down Idaho’s request to hear Latta v. Otter, the challenge to the state’s same-sex marriage ban, with a panel of eleven judges.

The state asked the court for an initial en banc hearing; in most circuit courts, that would mean all of the judges in the circuit, but since the Ninth Circuit is so large, en banc review consists of a panel of eleven judges.

Latta will be heard on September 8 along with cases from Hawaii and Nevada. Each side in the Idaho case will have 30 minutes, while each side in the Nevada case, Sevcik v. Sandoval, will have 15 minutes, and each side in Jackson v. Abercrombie, the Hawaii case, will have 10 minutes.

(from Equality On Trial)