Same-sex marriage was temporarily blocked in Idaho on Thursday by the Ninth Circuit, while the appeals court decided whether or not to give an emergency stay. At the same time, a judge in Arkansas cleared the way for same-sex marriage to proceed.
The Ninth Circuit stayed U.S. Magistrate Judge Candy W. Dale’s appeal to discontinue Idaho’s ban on gay marriage. The order gives the court time to decide on an emergency stay motion, and an opposition to the stay posed by the plaintiffs.
Gay marriage will continue to be blocked by Idaho until the appeals court has ruled on Judge Dale’s decision.
Idaho attorney general Lawrence Wasden attributes this decision to a desire for an organized approach, and to “avoid some of the confusion that has ensued in other states.” Wasden also stated, “we hope the court will grant a longer stay pending our appeal of Magistrate Judge Candy Dale’s decision.”
The decision was viewed positively by Deborah Ferguson, the plaintiff’s attorney, who stated, “The Ninth Circuit could have certainly just issued a stay if it was inclined to do so, but it would appear it’s taking a close look at our opposition.” Judge Dale argued that allowing same-sex marriage prior to the appeals court ruling might cause “unseemly chaos [or] confusion,” but still defended same-sex marriage, claiming that Idaho’s ban on gay marriage violated the Fourteenth Amendment’s equal protection and due process clauses.
In Arkansas, a state judge allowed gay marriages by clarifying a previous decision which defined marriage as a union between a man and a woman. Afterwards, Arkansas moved to file an emergency stay with the state’s Supreme Court.
However, the appeals court was unable to to clarify if Judge Piazza’s ruling was final, and if same-sex marriage could then resume.
On Thursday, Judge Piazza confirmed that the ruling was final, and the gay marriage ban was lifted. Aaron Sandler of the state attorney general’s office said that Arkansas already filed for an appeal, as well as an additional motion for an emergency stay.
In a statement, the attorney general’s office confirmed that they, “understood what Judge Piazza was trying to do last week, and it does not change our posture of seeking a stay from the Arkansas Supreme Court and pursuing an appeal.”
Jack Wagoner, an attorney for the plaintiffs, said on Thursday that tomorrow same-sex couple have until noon to get married, “because the clerks of those counties are under court order tomorrow to issue the damn licenses.”
Last year, the U.S. Supreme Court lifted the federal ban on same-sex marriage, followed by Michigan, Texas, Virginia, Oklahoma, and Utah dissolving their own bans. Same sex marriage is currently legal in 17 states and the District of Columbia.
