Idaho fights on to defend same-sex marriage ban | McClatchy Washington Bureau

×
Sign In
Sign In
    • Customer Service
    • Mobile & Apps
    • Contact Us
    • Newsletters
    • Subscriber Services

    • All White House
    • Russia
    • All Congress
    • Budget
    • All Justice
    • Supreme Court
    • DOJ
    • Criminal Justice
    • All Elections
    • Campaigns
    • Midterms
    • The Influencer Series
    • All Policy
    • National Security
    • Guantanamo
    • Environment
    • Climate
    • Energy
    • Water Rights
    • Guns
    • Poverty
    • Health Care
    • Immigration
    • Trade
    • Civil Rights
    • Agriculture
    • Technology
    • Cybersecurity
    • All Nation & World
    • National
    • Regional
    • The East
    • The West
    • The Midwest
    • The South
    • World
    • Diplomacy
    • Latin America
    • Investigations
  • Podcasts
    • All Opinion
    • Political Cartoons

  • Our Newsrooms

You have viewed all your free articles this month

Subscribe

Or subscribe with your Google account and let Google manage your subscription.

Courts & Crime

Idaho fights on to defend same-sex marriage ban

By Michael Doyle - McClatchy Washington Bureau

October 08, 2014 11:05 AM

In a last-ditch effort to save the state’s same-sex marriage ban, Idaho officials early Wednesday asked the Supreme Court to stay an appellate court’s ruling pending further consideration.

For at least a few hours, the effort filed on behalf of Gov. C.L. “Butch” Otter has succeeded in blocking the same-sex marriages that could otherwise have started taking place in Idaho at 8 a.m. Mountain Time.

“Each same-sex marriage performed will be an affront to the state and its citizens in being able to define marriage through ordinary democratic channels,” Idaho officials argued.

Justice Anthony Kennedy, who oversees emergency appeals from the circuit that includes Idaho, imposed the stay at least temporarily, giving same-sex marriage advocates until 5 p.m. Eastern Standard Time on Thursday to respond.

Kennedy could then forward the issue to the full court for a decision, which could take a couple of days.

The fast-paced legal battle followed the decision Monday by the U.S. Court of Appeals for the Ninth Circuit, striking down the same-sex marriage bans in Nevada and Idaho. Nevada officials have already given up on defending the state’s ban. The decision included a mandate that the states begin issuing same-sex marriage certificates.

The appellate decision, in turn, came one day after the Supreme Court declined to hear seven petitions concerning same-sex marriage bans in five states. The high court’s dismissal effectively left the same-sex marriage question to lower courts, at least for now.

Idaho’s 29-page emergency plea to the Supreme Court, signed by Washington, D.C. attorney Gene C. Schaerr, contends the state presents a “fundamentally different” case than those the Supreme Court dismissed on Monday.

In particular, Idaho argues the Ninth Circuit’s decision “exacerbates a deep and mature circuit split on the general question whether sexual orientation triggers some form of heightened scrutiny.”

A circuit split happens when different appellate circuits reach different legal conclusions, compelling the Supreme Court to step in. So far, all four appellate circuits that have ruled on same-sex marriage challenges have reached the same conclusion, making it easier for the high court to duck the issue this week.

Idaho’s argument, though, is that the Ninth Circuit’s reasoning differs markedly from other appellate circuits that applied a lower level of “rational basis” rather than “heightened scrutiny” review.

“If this court ultimately grants review,” Idaho officials argued, “there is a...strong prospect a majority will vote to reverse the Ninth Circuit’s equal protection holdings.”

Read Next

Courts & Crime

Trump will have to nominate 9th Circuit judges all over again in 2019

By Emily Cadei

December 28, 2018 03:00 AM

President Trump’s three picks to fill 9th Circuit Court vacancies in California didn’t get confirmed in 2018, which means he will have to renominate them next year.

KEEP READING

MORE COURTS & CRIME

Criminal Justice

Ted Cruz rallies conservatives with changes to criminal justice reform plan

December 06, 2018 01:51 PM

Congress

Kamala Harris aide resigns after harassment, retaliation settlement surfaces

December 05, 2018 07:18 PM

Congress

Felons may be back in the hemp farming business

December 05, 2018 04:08 PM

Investigations

‘This may be just the beginning.’ U.S. unveils first criminal charges over Panama Papers

December 04, 2018 07:27 PM

Criminal Justice

How a future Trump Cabinet member gave a serial sex abuser the deal of a lifetime

November 28, 2018 08:00 AM

Criminal Justice

Texas oilman Tim Dunn aims to broaden GOP’s appeal with criminal justice plan

November 20, 2018 04:25 PM
Take Us With You

Real-time updates and all local stories you want right in the palm of your hand.

McClatchy Washington Bureau App

View Newsletters

Subscriptions
  • Newsletters
Learn More
  • Customer Service
  • Securely Share News Tips
  • Contact Us
Advertising
  • Advertise With Us
Copyright
Privacy Policy
Terms of Service