No Same Sex Marriages In Idaho Friday After Court Issues Temporary Stay

By Adam Cotterell

Same sex marriages will not take place in Idaho Friday morning. Earlier this week a federal judge ruled that Idaho’s ban on gay marriage is unconstitutional and set the ruling to go into effect at 9:00 a.m. Friday. But Thursday a higher court surprised many by placing a temporary stay on that. 

The state had asked the 9th Circuit Court to grant a stay that would last throughout the appeals process. Instead the judges essentially said they need some time to think about that request. 

Boise lawyer Deborah Ferguson represents the couples suing to overturn the ban. Ferguson says her clients are naturally disappointed. She says “The unmarried plaintiffs are very excited about the prospect of getting married in Idaho, and we have just counseled them to be patient." She adds, "this is part of a longer process.”

But Ferguson thinks it’s a good sign that the appeals judges did not immediately grant the full stay the state had asked for. Idaho Attorney General Lawrence Wasden says he’s pleased with the decision and adds that it’s important to take an orderly approach in order to avoid confusion. 

The appeals judges did not give a timeline on when they’ll decide whether or not to grant a full stay. It could happen at any time.
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