Gay marriage ruling blocked
Staff Reports | Hagadone News Network | UPDATED 10 years, 3 months AGO
Same-sex marriage is still against the law in Idaho - for now.
The 9th U.S. Circuit Court of Appeals ruled Tuesday that the state's ban on gay marriage is unconstitutional.
But early Wednesday, U.S. Supreme Court Justice Anthony Kennedy issued an order blocking enforcement of the appellate court ruling.
The 9th Circuit's initial order included a 7-day grace period before it became effective, according to a press release issued Wednesday by Gov. Butch Otter's office. The order was then amended "after hours" Tuesday making it effective immediately.
"That prompted Gov. Otter and Attorney General Lawrence Wasden to ask the 9th Circuit for a delay while the governor also submitted a stay request to Justice Kennedy," the governor's office said in a press release.
Wasden's office reported that the attorney general intends to also file a motion asking for an en banc hearing with the appeals court, which asks that the decision be reviewed by a panel of 11 judges from the 9th Circuit.
Before Kennedy's order came through, hopeful couples crowded some Idaho courthouses early Wednesday to apply for marriage licenses.
Don Moline, 45, and Clint Newlan, 58, were first in line at the Twin Falls County clerk's office. They received a license moments before word of Kennedy's order came through.
As of Wednesday afternoon, the two were the only known gay couple to have received a marriage license in the state.
It's unclear if the Kootenai County's Clerk's Office was prepared to issue marriage licenses to same-sex couples on Wednesday. Clerk Jim Brannon could not be reached by The Press for comment.
Shaakirrah Sanders, an associate law professor with the University of Idaho's College of Law in Boise, said it's not clear how long the stay from Kennedy will remain in effect.
"The next thing that is sure to happen is that the plaintiffs in this case will file their opposition to the stay, and then Justice Kennedy - probably some time on Friday - will issue an opinion on whether the stay should be continued," Sanders said. "We can't assume that the court is in any way considering whether or not it's going to hear the 9th Circuit case."
The 9th U.S. Circuit's decision to make its Tuesday ruling effective immediately was unusual, Sanders said, because it removed the procedural grace period which parties to a case normally have to appeal.
The stay from Kennedy could be less about wanting to consider the results of the case and more about reminding the 9th Circuit that it shouldn't skirt the rules, she said.
The 9th Circuit struck down a Nevada ban on gay marriage at the same time on Tuesday. Kennedy did not stay that ruling because Nevada officials did not seek it.
So, how many states allow gay marriage?
Like many other things surrounding same-sex marriage, there's not a good answer. Before the Supreme Court's denial, there were 19 states which firmly allowed gay marriage.
The Supreme Court's action Monday added five states, plus six others which were affected because they were in the same federal circuits that appealed. That would make 30 states allowing gay marriage, but some of them are still trying to block it or haven't yet instituted mechanisms for weddings.
Idaho and Nevada would have made 32, but Justice Kennedy temporarily blocked the Idaho ruling.
So, how many states allow gay marriage? About 30, give or take a few.
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