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Idaho leaders decry Supreme Court's same-sex ruling

Jeff Selle | Hagadone News Network | UPDATED 9 years, 7 months AGO
by Jeff Selle
| June 28, 2015 9:00 PM

COEUR d'ALENE - While a multitude of rainbows began to flood social media feeds following Friday's Supreme Court ruling legalizing same-sex marriage nationwide, Idaho's political leaders registered their opposition to the decision.

"Today's decision is truly disappointing for states, including Idaho, where the people chose to define marriage for themselves as between one man and one woman," Gov. Butch Otter said in a statement. "I have maintained from the very beginning that it should be the prerogative of the states - not the courts - to determine whether same-sex marriage is consistent with the values, character, and moral fabric of that particular state. That is why it was especially troubling that the Court treated the 10th Amendment as a footnote, instead of the guiding principle our founding fathers intended."

Idaho's gay marriage ban was overturned in October by a U.S. Court of Appeals 9th Circuit ruling that deemed Idaho's ban on same-sex unions to be unconstitutional. That ruling also led to the legalization of same-sex marriages in Nevada, Alaska, Arizona and Montana.

Kootenai County Clerk Jim Brannon said his office has treated all marriages the same since the court of appeals ruling. He said his office doesn't keep track of how many same-sex couples apply for marriage licenses.

Idaho's senior U.S. Senator Mike Crapo said he, too, disagrees with Friday's ruling because the decision on how to define marriage should not be a federal one.

"The 10th Amendment says 'The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people,'" Crapo stated.

Congressman Raul Labrador issued a similar statement and vowed to pass legislation that would protect the rights of those who do not support same-sex marriage.

"I have introduced the First Amendment Defense Act, H.R. 2802. My bill would prohibit any federal agency from denying a tax exemption, grant, contract, license or certification to an individual, association, or business based on their belief that marriage is between a man and a woman. It is imperative that we move quickly to protect the religious liberty of religious organizations and persons and I call on the leadership of the House and the Senate to speed up consideration of this bill and its companion, S. 1598, introduced by Sen. Mike Lee, R-Utah."

U.S. Senator Jim Risch was traveling Friday and unable to release a statement, but his spokesperson, Suzanne Wrasse, said he has signed on as a co-sponsor to the Utah senator's companion bill to Labrador's First Amendment Defense Act.

The October ruling in Idaho became a cause of concern for some religious organizations in Coeur d'Alene. Owners of the Hitching Post, a wedding chapel across the street from the Kootenai County Courthouse, claimed last fall that the city of Coeur d'Alene's anti-discrimination ordinance - which specifically prohibits discrimination against people based on their sexual orientation - violates their right to religious freedom and forces them to perform same-sex marriages. City officials disagree.

Lawyers with the Alliance Defending Freedom, a Christian rights legal advocacy organization, filed a lawsuit in October on behalf of Hitching Post owners Don and Evelyn Knapp.

"Ultimately, the ruling does not change anything for the Hitching Post case. A Ninth Circuit ruling had already made same-sex marriage legal in Idaho at the time the Knapps filed their lawsuit. All the Supreme Court decision did was affirm the outcome of that ruling," said Jeremy Tedesco, ADF senior legal counsel. "In addition, the ruling does not change the First Amendment's protection against compelled expression, which all Americans enjoy. No state can trump the right to free speech by passing a local law or ordinance. We expect our clients, who are ordained ministers, to ultimately prevail and have their free speech and free exercise rights to not be compelled to perform marriage ceremonies that violate their religious beliefs to be upheld."

The case remains unsettled.

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