Tuesday, May 13, 2014

Otter Asks For Immediate Stay on Same-Sex Marriage Ruling...If State Loses

Posted By on Tue, May 13, 2014 at 3:59 PM

Governor C.L. "Butch" Otter filed a contingent motion to stay pending appeal in the federal case over Idaho's Constitutional ban on same-sex marriages, the Spokesman-Review reports, on the grounds that "chaos" and "confusion" would ensue if the state is not allowed to immediately appeal a ruling in favor of the plaintiffs. 

In other words, if U.S. Magistrate Judge Candy Dale overturns Idaho's ban on same-sex marriages, Otter's filing requests that she stay her decision until the state files an appeal with the Ninth Circuit Court of Appeals. If that court upholds Dale's decision, the state would appeal to the U.S. Supreme Court.

Without the stay, wrote Otter's attorney, Thomas Perry, "There is likely to be a repetition in Idaho of chaos, confusion, conflict, uncertainty and spawn of further litigation and administrative actions seen in Utah and, to a lesser extent, in Michigan." 

Michigan and Utah are both states where courts have struck down same-sex marriage bans as unconstitutional.

May 5, Dale heart both sides of the suit and promised a swift ruling

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