U.S. District Magistrate Candy Dale issued an injunction on Tuesday, May 13, 2014 that blocks enforcement of Idaho’s ban on same-sex marriage. The injunction goes in to effect at 9 a.m. effective Friday morning. The judge ruled that the ban violated the 14th amendment to the U.S. Constitution that grants due process and equal protection under the law.
After filing to dismiss the case during the trial, the State of Idaho and Governor Butch Otter pre-emptively filed a “contingent motion to stay pending appeal” in the event that Federal Judge Dale overturned the ban to allow for appeals, including all the way to the Supreme Court of the United States. But unless a higher court grants the stay, gay marriage will be legalized in Idaho as of Friday morning.
Four same-sex couples challenged the constitutionality of Idaho’s marriage laws, which voters approved as an amendment to the state constitution in 2006.
Gov. Butch Otter is appealing the injunction. Unless a higher court grants that appeal, Idaho must allow same-sex marriage, and recognition of existing legal same-sex marriages after 9 a.m. Friday. Arguing for Otter, attorney Thomas Perry wrote that without the stay, “There is likely to be a repetition in Idaho of the chaos, confusion, conflict, uncertainty and spawn of further litigation and administrative actions seen in Utah and, to a lesser extent, in Michigan.”
**UPDATE: Magistrate Judge Candy Dale wrote Wednesday morning that Governor Otter’s appeal wasn’t likely to succeed.