A federal judge on Tuesday struck down
Idaho's ban on gay marriage.
“After careful consideration, the
Court finds Idaho's Marriage Laws unconstitutional,” wrote Chief
U.S. Magistrate Judge Candy W. Dale in her 57-page
ruling.
Plaintiffs in the lawsuit are four gay
couples who assert that Idaho's 2006 voter-approved constitutional
amendment limiting marriage to heterosexual couples cannot stand in
light of the 2013 Supreme Court ruling that struck down a key
provision of the Defense of Marriage Act (DOMA). Idaho's amendment
bans same-sex marriage and civil unions. Similar prohibitions appear
in state statutes.
Dale added that Idaho's ban denies
“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.”
The ruling comes less than 4 days after
a judge declared invalid Arkansas' ban.
(Related: Arkansas
asks state Supreme Court to stay gay marriage ruling.)
Tuesday's ruling takes effect 9 AM
Friday.
In a statement, Governor Butch Otter, a
named defendant in the case, Latta v. Otter, called the
decision “disappointing.”
“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,” said Otter, who
has already filed a motion requesting an immediate stay to the order.
The couples, all of whom are from
Boise, are represented by the National Center for Lesbian Rights
(NCLR) and Boise-based attorneys Deborah A. Ferguson and Craig
Durham.
“Today's decision affirms the
fundamental principles of equality and fairness and the common
humanity of gay and lesbian people,” Ferguson said in a statement.
“As the Court recognized, these families are part of Idaho's
community, and equal protection requires that they be given the same
legal protections and respect as other families in this state. The
Court's ruling is a victory not only for the courageous couples who
brought this case, but for everyone who cares about freedom and
fairness.”
The couples, three of whom are raising
children, are Sue Latta and Traci Ehlers, Lori and Sharene Watsen,
Sheila Robertson and Andrea Altmayer and Amber Beierle and Rachael
Robertson.
(Brief provided by Equality
Case Files.)