Idaho Governor Butch Otter, a
Republican, on Tuesday announced that his administration would appeal
a federal appeals court's ruling striking down the state's ban on gay
marriage.
Otter said that he would ask the 9th
Circuit Court of Appeals in San Francisco for an en banc
review of its decision.
Gay and lesbian couples began
exchanging vows last week after the Supreme Court refused to issue a
stay in the ruling pending an appeal.
“I will continue defending Idahoans'
self-determination and the will of Idaho voters who decided that
traditional marriage is a core principle of our society,” Otter
said in a statement.
Otter said that he was acting because
marriage equality harms individuals.
“One of the key arguments against the
Idaho Constitution's defense of traditional marriage has been that
redefining it to include same-sex couples would not harm anyone,”
Otter said. “But the Hitching Post example shows the fallacy of
that position.”
The Hitching Post is a for-profit
wedding chapel in Coeur d'Alene, which last year approved an
ordinance that prohibits discrimination based on sexual orientation
in the area of public accommodations. While the city has taken no
action – and
denies it has ever threatened the chapel's owners with jail time or
legal action – the chapel filed a
federal lawsuit against the city claiming their First Amendment
rights were under attack.
According to The
Spokesman-Review, the chapel recently filed to become a
church. Churches are exempt from the city ordinance.
“I have repeatedly pointed out to the
courts that unaccountable judges imposing their perception of social
change on the law – rather than public policy being changed through
the democratic process – undoubtedly will lead to increased
religious strife and restrictions on private property,” Otter said.
“For these important reasons, I will continue defending Idahoans’
self-determination and the will of Idaho voters who decided that
traditional marriage is a core principle of our society.”