Federal judge: Idaho ban on gay marriage is unconstitutional
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BOISE, Idaho (KBOI) - A federal judge in Boise has called Idaho's ban on same-sex marriage unconstitutional.
Judge Candy Dale sided with four Idaho couples who had filed a lawsuit against the state and the article of the Idaho Constitution that says the state only recognizes marriage as being between a man and a woman.
The judge says Idaho's marriage laws violate the couples' rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution.
In her decision, Judge Dale says "The Plaintiffs are entitled to extraordinary remedies because of their extraordinary injuries. Idaho’s Marriage Laws withhold from them a profound and personal choice, one that most can take for granted. By doing so, Idaho’s Marriage Laws deny same-sex couples the economic, practical, emotional, and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love."
She goes on to say that the state offered no evidence that same-sex marriage would adversely affect opposite-sex marriage or the well-being of children.
She further states that as of Friday morning, and if a higher court doesn't intervene, any laws that refuse to recognize marriages from other states or same-sex marriages in the State of Idaho are not enforceable.
As of Friday at 9 a.m., same-sex couples could be allowed to get marriage licenses. A higher federal court, such as the 9th Circuit Court of Appeals or the United States Supreme Court, could intervene before then and stop it from happening, however.
Late last year, Utah's ban on same-sex marriage was also struck down by a federal judge, but 17 days later the U.S. Supreme Court intervened and reinstated the ban pending appeals. More than 1000 marriage licenses had been issued before the court issued the stay.
Governor Otter responded to the ruling Tuesday evening:
"In 2006, the people of Idaho exercised their fundamental right, reaffirming that marriage is the union of a man and a woman. Today’s decision, while disappointing, is a small setback in a long-term battle that will end at the U.S. Supreme Court. I am firmly committed to upholding the will of the people and defending our Constitution.”
On Monday, Otter filed a motion to request that Judge Dale hold off on issuing her ruling until the U.S. Supreme Court had weighed in.
Click here to read Judge Candy Dale's full decision
Judge Candy Dale sided with four Idaho couples who had filed a lawsuit against the state and the article of the Idaho Constitution that says the state only recognizes marriage as being between a man and a woman.
The judge says Idaho's marriage laws violate the couples' rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution.
In her decision, Judge Dale says "The Plaintiffs are entitled to extraordinary remedies because of their extraordinary injuries. Idaho’s Marriage Laws withhold from them a profound and personal choice, one that most can take for granted. By doing so, Idaho’s Marriage Laws deny same-sex couples the economic, practical, emotional, and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love."
She goes on to say that the state offered no evidence that same-sex marriage would adversely affect opposite-sex marriage or the well-being of children.
She further states that as of Friday morning, and if a higher court doesn't intervene, any laws that refuse to recognize marriages from other states or same-sex marriages in the State of Idaho are not enforceable.
As of Friday at 9 a.m., same-sex couples could be allowed to get marriage licenses. A higher federal court, such as the 9th Circuit Court of Appeals or the United States Supreme Court, could intervene before then and stop it from happening, however.
Late last year, Utah's ban on same-sex marriage was also struck down by a federal judge, but 17 days later the U.S. Supreme Court intervened and reinstated the ban pending appeals. More than 1000 marriage licenses had been issued before the court issued the stay.
Governor Otter responded to the ruling Tuesday evening:
"In 2006, the people of Idaho exercised their fundamental right, reaffirming that marriage is the union of a man and a woman. Today’s decision, while disappointing, is a small setback in a long-term battle that will end at the U.S. Supreme Court. I am firmly committed to upholding the will of the people and defending our Constitution.”
On Monday, Otter filed a motion to request that Judge Dale hold off on issuing her ruling until the U.S. Supreme Court had weighed in.
Click here to read Judge Candy Dale's full decision
Let people be free to make " Their" choice.
Butch said he was going to defend the constitution and fight this all the way to the Supreme Court. If a ban on gay marriage is unconstitutional what is he defending?
Leviticus 20:13 states "If a man lies with a man as one lies with a woman, both of them have done what is detestable. They must be put to death; their blood will be on their own heads."
You don't believe me Ade, look at what has happened in Massachusetts, and Canada, and other states that have legalized Gay Marriage. Christian marriage clerks losing their jobs for referring a couple to another clerk who didn't have a conscientious objection. The Knights of Columbus fined for refusing to let their facilities be used for a gay marriage reception. Pastors threatened with arrest for reciting Bible verses condemning homosexual conduct. And that's just the tip of the iceberg Terry, I don't have a law degree, but a friend of mine does, and he confirmed all that I said. He asked me not to include his name, so I won't post it here.
A big mistake!
It's great for the people who want to be married gay or not :)
Yes, I've seen the cities go ahead and address it - I thought, as I'm sure others did, that the voices of the cities would impact the legislature's decision on whether to look at the issue. Perhaps in 2015, since the outcry is getting louder.
In no way does this ruling force churches to marry gays. You are confusing two very different issues.
@Travis, Could you please post a Photocopy of your law degree, for us all to see.
That's ok NiCole. I'd much rather be were my friends are.
Jennifer Shipp, our country was NOT founded on biblical principles. Do your history homework.
There are other ways that don't threaten the right of the religious to say NO. Name change is easy to do, and I won't object to that. There's no law against cohabitation. There's no law that prohibits an unrelated adult from becoming legal guardian to a child. The tax law can be changed to alter the qualifications for joint filing. Hospitals can change their visitation rules by "adding the words." Now that doesn't give the couple the right to violate the 1st amendment and say to a church "because the State recognizes our union, you must," but still confers every secular benefit associated with "Marriage" upon two or more people in an emotional relationship.
I'm sure there are a lot of LGBT people who have a deep religious belief. Â It just may or may not be the same as the mainstream. Â Just because a person is straight doesn't mean they believe in religion. Â Just because a person is gay doesn't mean they don't. Â Life is life. Â It's easier if we all let each other live our own lives with our own beliefs as long as we are not harming someone else. Â It's so much simpler and less stressful to love/accept than hate/fight.
Well some cities have taken care of that, the fact that the Legislature won't is the real problem.
You have the right to your voice. However your points are ignorant and not backed up by policy or science.
Same sex marriages will do more damage to our nation than we can imagine. Already Catholic orphanages have had to close. aids desease, as a society to contend with. I had two gay aunts and loved them very much. Average time gays stay togerther is seven year. If someone refuses to take their weddeng pictures, gays will drum them out of business. I could go on. It is too soon to know what kids raised by gay parents cope. Kindergarteners are asked what sex they want to be. Will demand their parents pay for sex change. As a woman married 50 year to one man, I should have a right to voice my cocerns
This is fantastic!!
Otter messed himself. LOL!
Everyone should be able to marry and Idaho was backward thinking and was just now set "straight" on this! I AM HAPPY!!!!!!!!!
Otter needs to go!
Place*
And seriouly. Mythical man in the sky? Intellectual laziness. And has no play in policy.
As I read these comments I snicker a little. I challenge everyone here to go read (or listen) to the oral arguments of Lovings vs. Virginia. The case made its way to the Supreme court to determine if interracial marriage was constitutionally protected. You'll find your bible thumping or states rights arguments sound oddly familiar . Yet we now universally agree that people of different races should have the opportunity to marry. Yesterday, yet again, a court steps in (as a proper check and balance to our governmental structure) and reaffirmed that tyranny of the majority has no place in law when dealing with civil rights issues. As a gay idahoan, I won't gloat too much....but suck it (I know I will later...lol)
I could stand on a soap box and scream how I feel about same sex marriage or I do as Jesus taught. Hate the sin not the sinner. The issue is not what is right or wrong but that a judge has over turned a vote by the people!!! An election that the people in our state voted to not recognize same sex marriage. Regardless of how I voted I take exception to that vote being tampered with by one person..
Those of you so against same sex marriage please explain to me how it REALLY effects your life. It doesn't! At the end of the day you will still be alive and if you aren't, same sex marriage will have had nothing to do with your death. And why does religion have to [try to] trump everything? Those of us who aren't religious don't go around being all offended because you go to church and pray to God. We let you live your life and be who you want to be. I grew up with the knowledge that "religious people" were nice, well behaved, and respectful. But as I've gotten older I've learned that a lot of you are rude, judgemental, and non-accepting. That doesn't seem very God like to me.
@AlanaBrophyKBOI @KBOITV will there be a stay of action? Marriage certificates being issued on Friday?
Yay! All human beings should be able to marry whoever they want. Marriage is sacred for any two people who love each other enough to spend the rest of their lives together. There is far too much hate and discrimination in this world, why would any good Christian harbor such feelings?
Very nice coverage of the ruling last night Informative and superior to the ABC affiliate. THANK YOU
A marriage is between one man and one woman.
Jennifer, I'm sure people said the same thing after desegregation. ;) Today, 65% of Americans support same-sex marriage. That's up from 27% only 12 years ago. In another 10 years, it's expected to be around 85%. I'm sorry to say this, but you're in the minority now.
Key word UNITED
Miss Sharon and Miss Jennifer I was taught to respect everyone regardless of what they believe in as long as they were NOT harming others. I was born and raised by parents who taught me that other people should have the same rights as everyone else. I teach that to my child. By the way the bible was written by men not God. They may have been God's conduits to the earthly realm but they were still men with their bias and hatred. I pray that God removes the hatred from your heart and head. My friends are still fabulous and not harming you. Just because you are offended by the way GOD made them that is your problem and not theirs. Peace be with you and may you find a way to let love into your hearts.
Amen Jennifer Just as the Torah has said, this all has to happen. As in the days of Sodom and Gomorra So shall it be in the days of the son of men. Also in the day of Noah so shall it be in the day of the son of man. Read Lev 18, 19 These capters are very clear that this is not how our Father Abba had intended us to live. I do not agree with this and never will. I also do belive that everyone is due respect.
Amendment XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
"Christians" won't be happy until we live under "Christian" law... which interestingly is very similar to Sharia law. I'm always amazed at their tunnel vision. However, you say anything about the 2nd Amendment and they get all "Holy War", which is hilarious when you consider that Jesus was a pacifist. Oh, and Sharon and Jennifer: maybe you should worry about the beam in your own eye.
Equal protection under the law, Jared. They were legally married in another state! It's all right there in the United States Constitution.
Being politically correct is for idiots
I will not forsake our LORD for popular opinion!!!! Please people get a grip!!!!
@Shelly  Preach it Shelly!  I am not gay.  I am not religious.  My husband and I of 34 years raised two amazing kids and I have no problem with two people of the same sex marrying.  If they've got the backbone for it, bully for them!!  Live life, love and laugh! Â
Average time for all marriages is 7 years. Â 50% of heterosexual marriages end up in divorce. Â Ban all marriages. Â They only work half of the time. Â
No, Catholic orphanages have not had to close. You may be referring to Catholic adoption agencies which CHOSE to close rather than follow Massachusetts law requiring all adoption agencies follow state adoption laws. And, BTW, several other adoption agencies stepped in to fill the void so who cares of the Catholics aren't doing it?
You of course have a right to voice your concerns, but ALL of your concerns are baseless and without evidence.
In the words of Judge Dale, "The Defendants (state of Idaho) offered NO EVIDENCE that same-sex marriage would adversely affect opposite-sex marriages or the well-being of children. WITHOUT PROOF, the Defendantsâ justifications echo the UNSUBSTANTIATED FEARS that could not prop up the anti-miscegenation laws and rigid gender roles of days long past. Then as now, it is the duty of the courts to apply the law to the facts in evidence. Here, the facts are clear and the law teaches that marriage is a fundamental right of all citizens, which neither tradition nor the majority can deny."
Could you explain why Catholic orphanages having to close coincide with gay marriage? Â Not sure of the connection.
If anything made me agree with you it was the way Otter got off his lazy behind to fight this particular right of the gay community. He has been against everything for people who do not fit the Idaho plan. You need to be white, straight, working, own a home and be in business. I will vote new.
Oh, by all means gloat all you want. After years of being treated as second class citizens, you all deserve a little time in the sun.
--- "Yet we now universally agree that people of different races should have the opportunity to marry."
Sadly, it is not universal. There really still are churches that won't marry mixed-race couples. Not many, but there are some.Â
Sometimes the majority is in the wrong. In Idaho the preachers and bishops generally control the vote. Individuals cannot compete with an agenda that can bring in the numbers wanted by the ones in charge of the thinking.
The judge is just supporting the Constitution of the United States of America. Â The one that the Tea Party worships. Â You should join them. Â
Yes, a judge ruled a law unconstitutional. It's called the Judicial Branch and is the 3rd co-equal branch of government established by our Founders precisely to exercise the judicial power of constitutional review. That's our system of government. Why do you hate America?
It's all because of the Bible's Golden Rule: Do unto others as you would choose to dictate because God is on your side so force religion down their heathen throats.Â
Or something like that....
That is right...god did order bible thumpers to kill the gays. Ah yes, such a kind and loving god!
I talked to God, she said that whether you "forsake" her or not, she's fine. Â She is not sitting around worrying about that. Â She told me that she wished that her followers were a little less self-righteous and a little more loving. Â Then, she left to watch Game of Thrones. Â She said that she already knows what is going to happen in the episode because not only did she read the book, she just knows everything. Â Kind of ruins every murder mystery for her. Â
@JulieW I am suspicious of a god who sits around worrying about who is diddling who.