Tuesday, October 7, 2014

UPDATE: 9th Circuit Declares Idaho Same-Sex Couples May Marry Immediately

Posted By on Tue, Oct 7, 2014 at 7:05 PM

UPDATE: Oct. 7, 2014 7 p.m.

The 9th Circuit Court of Appeals has issued a five-word order: "The mandate shall issue forthwith." That means that U.S. Magistrate Judge Candy Dale's ruling that Idaho's same-sex marriage ban is unconstitutional is effective immediately.

UPDATE: October 7, 2014  4 p.m.

In the shadow of the 9th Circuit Court of Appels ruling against Idaho's ban of same-sex marriage, Governor C.L. "Butch" Otter issued the following statement late Tuesday:

 “Today’s decision by the 9th Circuit is disappointing, but not unexpected. I will carefully evaluate the opinion, along with yesterday’s surprising decision by the U.S. Supreme Court, and talk with legislative leaders and the Attorney General before determining our path forward. The stay on same-sex marriage in Idaho remains in effect until we are directed otherwise by the 9th Circuit.” 
Meanwhile, there was plenty of action at Ada County Clerk Chris Rich's office Tuesday afternoon.

As soon as the 9th Circuit Court of Appeals upheld Magistrate Judge Candy Dale's ruling that Idaho's same-sex marriage ban was unconstitutional, Rich's office at the Ada County courthouse, which issues marriage licenses, started getting phone calls.

"Things got hectic about 35 minutes ago," Rich said at approximately 3:30 p.m.

But Rich told Boise Weekly that he wasn't yet handing out marriage licenses to same-sex couples. He said his staff was waiting on communication from Idaho Attorney General Lawrence Wasden:

Because the 9th Circuit affirmed Dale's decision, it's up to her to either issue an order for clerks across Idaho to begin issuing licenses or issue a stay on her decision should the state wish to appeal.

Rich told Boise Weekly he isn't sure how long it will be before the AG's office gives him an indication of its next step.

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