Achieving LGBT Equality Through Litigation, Legislation, Policy, and Public Education

Case Summary & History

Marriage

Case: Latta v. Otter

STATUS: Pending, Idaho

On November 8, 2013, four same-sex couples filed a federal lawsuit in Boise challenging Idaho’s laws prohibiting same-sex couples from marrying and refusing to respect the legal marriages of same-sex couples who married in other states.

The lawsuit argues that Idaho’s laws barring same-sex couples from marrying and prohibiting the state from respecting the marriages of same-sex couples who married in other states violates the United States Constitution’s guarantees of equal protection and due process.

The couples, all from Boise, include university instructors, a teacher of deaf children, and a military veteran who served with the Idaho National Guard in Iraq. Three of the couples are raising children together.

The couples are Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson. They are represented by Boise attorneys Deborah A. Ferguson and Craig Durham and the National Center for Lesbian Rights (NCLR).

On May 13, 2014, Chief U.S. Magistrate Judge Candy W. Dale ordered the State of Idaho to allow same-sex couples to marry and to recognize the marriages of couples who married in other states. The next day, Idaho Governor Butch Otter and Attorney General Lawrence Wasden appealed that decision to the Ninth Circuit and filed motions asking the court to stay Judge Dale’s decision until the Ninth Circuit completes its review of the case. The Ninth Circuit granted the motions but ordered that the appeal be resolved on an expedited basis. The case will be heard by the Ninth Circuit the week of September 8, 2014.

READ THE DECISION.

More About the Plaintiffs

Sue Latta and Traci Ehlers

Sue Latta and Traci Ehlers, of Boise, have been together for 10 years and were married in California in 2008. Sue is an accomplished professional artist and adjunct professor at Boise State University. She has been deeply involved in the arts community in Boise, including serving as a member of the Mayor’s Task Force to revitalize the Boise Visual Chronicle and on Boise State University’s Art Advisory Board. Traci is a co-owner of a longstanding local small business. Sue has adult children that Traci has co-parented, and two grandchildren.

Lori and Sharene Watsen

Lori and Sharene Watsen, of Boise, have been together for four years and were married in New York in 2011. Lori is a licensed clinical social worker and associate field director for Boise State University’s School of Social Work. Sharene is a physician assistant with a local medical specialty group. Both Sharene and Lori have completed their master’s degrees. They have an infant, and they are seeking the freedom to marry to ensure that they both can be recognized as spouses and legal parents and provide their child with as much legal security and protection as possible.

Shelia Robertson and Andrea Altmayer

Shelia Robertson and Andrea Altmayer have been together for 16 years and reside in Boise. Shelia is a teacher of deaf children and a nationally certified sign language interpreter. Andrea is a certified massage therapist with a bachelor’s degree in health sciences. They have one child, a 4-year-old son. On November 6, 2013, they applied for a marriage license at the Ada County Recorder’s Office in Boise and were rejected because they are a same-sex couple.

Amber Beierle and Rachael Robertson

Amber Beierle and Rachael Robertson have been together for three years and reside in Boise. Amber is an education specialist with her master’s degree and manager of a state historic site. Rachael manages a commercial supply warehouse and is a veteran of the Idaho Army National Guard, with five years of service. Rachael served a tour of duty in Iraq and was awarded a combat medal, as well as a soldier good conduct medal. On November 6, 2013, the couple applied for a marriage license at the Ada County Recorder’s Office in Boise and were rejected because they are a same-sex couple.

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