Breaking News

Tweet TWEET

Idaho Governor Seeks Appeals Court Freeze on Gay Marriage

Idaho Governor Butch Otter asked a U.S. appeals court to freeze a federal judge’s ruling that the state’s same-sex marriage ban is unconstitutional while he seeks to have the decision overturned.

Earlier today, Otter’s bid to delay the order, due to take effect on May 16, was rejected by U.S. Magistrate Judge Candy Dale in Boise. Dale struck down the prohibition yesterday, concluding “marriage is a fundamental right of all citizens which neither tradition nor the majority can deny.”

The victory in Idaho for gay marriage proponents came four days after an Arkansas judge overturned a similar ban. There are now 23 states where same-sex weddings have become legal through court ruling, popular vote or legislation.

Related: Idaho Same-Sex Marriage Ban Struck Down by Federal Judge

Court-ordered stays, in place during appeals, still prevent same-sex marriages from being performed in some of those jurisdictions.

“Otter is convinced -- and in this he is joined by virtually all informed observers -- that the Ninth Circuit and, if necessary, the U.S. Supreme Court, will grant a stay pending appeal,” his attorneys said in court papers, referring to the San Francisco appeals court.

Deborah Ferguson, a lawyer representing plaintiff Susan Latta, said in a phone interview that she expected Otter’s request and will oppose it in a court filing.

Graphic: The Shifting Landscape of State Same-Sex Marriage Laws

Otter filed his notice of appeal in federal court in Boise.

The case is Latta v. Otter, 13-cv-00482, U.S. District Court, District of Idaho (Boise).

To contact the reporters on this story: Andrew Harris in federal court in Chicago at aharris16@bloomberg.net; Joel Rosenblatt in San Francisco at jrosenblatt@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Fred Strasser, Joe Schneider

Press spacebar to pause and continue. Press esc to stop.

Bloomberg reserves the right to remove comments but is under no obligation to do so, or to explain individual moderation decisions.

Please enable JavaScript to view the comments powered by Disqus.