Washington, D.C., October 10, 2014)—Today, the plaintiff couples in the Idaho marriage equality case asked the United States Court of Appeals for the Ninth Circuit to permit marriages in Idaho to take place as soon as possible. The plaintiffs filed their request just hours after the Supreme Court of the United States rejected a request by Idaho officials to delay the start of marriages in Idaho.
On October 7, the Ninth Circuit ruled 3-0 that Idaho’s ban on the freedom to marry for same-sex couples violates the U.S. Constitution’s guarantee of equal protection. Later that day, the Ninth Circuit ordered that its decision take effect immediately, which would have required Idaho to begin issuing marriage licenses the following morning.
On October 8, United States Supreme Court Justice Anthony Kennedy temporarily stayed the Ninth Circuit’s decision in response to a request by State of Idaho officials to keep that decision from taking effect while the state officials either ask for further review of the case by a larger panel of Ninth Circuit judges or ask the Supreme Court to review the case. Today’s decision by the Supreme Court rejected that request and cleared the way for the Ninth Circuit to enter an order allowing its decision to take effect.
The four couples who successfully challenged Idaho’s ban on marriage for same-sex couples in the Ninth Circuit are represented by Boise attorneys Deborah A. Ferguson and Craig Durham of Ferguson Durham, PLLC, Deanne Maynard and Marc Hearron of the law firm of Morrison & Foerster, LLP, and the National Center for Lesbian Rights (NCLR).
Statement by NCLR Legal Director Shannon P. Minter, Esq.:
“Today’s decision by the Supreme Court confirms that there is no reason to delay allowing all Idaho families to enjoy the dignity, security, and protection that marriage provides. We hope that the Ninth Circuit’s decision will go into effect quickly so that all Idahoans will have the freedom to marry as soon as possible.”