Idaho's Ban on Same Sex Marriage Unconstitutional Says Judge

[FakePigtails]

http://abcnews.go.com/US/wireStory/judg ... n-23706019

A federal magistrate judge ruled Tuesday that Idaho's ban on same-sex marriage is unconstitutional.

U.S. District Magistrate Judge Candy Dale wrote in the decision that Idaho's laws banning same-sex marriage unconstitutionally deny gay and lesbian citizens their fundamental right to marry.

Dale said marriage works a fundamental change on the lives of all who experience it, and it holds immense personal and spiritual significance.

Idaho's laws wrongly stigmatize gay and lesbian couples and relegate their families to second-class status without sufficient reason, she said.

:gay-rainbow: Great news! Now when do we get to see this in the Supreme Court and have this all done once and for all? :D

[16strong]

Another article I found says that gay and lesbian couples could be able to wed as soon as FRIDAY! That would make two states in one week! :cracking-up:

[terranova]

I don't understand how a federal judge can rule it unconstitutional in one state but not all states? Can someone explain how that works?

[SPHASH]

And Idaho is the birthplace of Sarah Palin!

[Jesus Camp Counselor]

I don't understand how a federal judge can rule it unconstitutional in one state but not all states? Can someone explain how that works?

The court is only ruling on whether that particular state law violates the United States Constitution. A lawsuit has to be filed in the district (trial level) court for each state law challenged. They can appeal to the circuit courts, and a ruling in the circuit court would affect all states in that circuit. A case has to go to the Supreme Court for it to apply to all the states, and it would be an appeal from a circuit court. The Supreme Court decides what cases it takes. I don't think there are any circuit court decisions to appeal yet, and the Supreme Court may not hear a case until there are a number of circuits dealing with the same issue.

[ThisOlGirl]

Another article I found says that gay and lesbian couples could be able to wed as soon as FRIDAY! That would make two states in one week! :cracking-up:

The governor is already preparing to file a stay and has said he's prepared to fight it all the way to the Supreme Court. He's a butthole like that.

[16strong]

The governor is already preparing to file a stay and has said he's prepared to fight it all the way to the Supreme Court. He's a butthole like that.

I think most of the rest of the states that have not had their bans on gay marriage stuck down yet will be buttholes that will take it all the way to the supreme court. I think we have gotten through most of the states that are content not to put up a huge fight.

It will be interesting to see the fights (more like wars) when the only states left to approve gay marriage are Mississippi and Alabama. Of course, that will be awhile yet.

[keen23]

I think most of the rest of the states that have not had their bans on gay marriage stuck down yet will be buttholes that will take it all the way to the supreme court. I think we have gotten through most of the states that are content not to put up a huge fight.

It will be interesting to see the fights (more like wars) when the only states left to approve gay marriage are Mississippi and Alabama. Of course, that will be awhile yet.

Arizona and Texas will probably also be some of the last to accept marriage equality.

[Rebelwife]

Arizona and Texas will probably also be some of the last to accept marriage equality.

Don't discount Florida, depending on how the next Gubernatorial election goes! We just love to waste money on pointless court challenges. :angry-banghead: (See also: Affordable Care Act and drug testing all state employees)

[Emkay]

Ohio will probably be in that last group, too, unless we can get overturning our ban on the ballot and it passes. Our AG is currently appealing a ruling which says our state has to recognize out of state same-sex marriages.

On the bright side, a city not too far from me has CHOSEN to honor those out of state same sex marriages and make city employee's same-sex spouses eligible for health insurance benefits, same as straight couples! (This comes after a county commissioner has stated he wants to open meetings with a prayer now that SCOTUS says it's ok).

[FloraKitty35]

And Idaho is the birthplace of Sarah Palin!

And former Senator Larry "Wide Stance" Craig.

[Hane]

Let's all celebrate with a big ol' baked IDAHO potato for dinner!

[terranova]

The court is only ruling on whether that particular state law violates the United States Constitution. A lawsuit has to be filed in the district (trial level) court for each state law challenged. They can appeal to the circuit courts, and a ruling in the circuit court would affect all states in that circuit. A case has to go to the Supreme Court for it to apply to all the states, and it would be an appeal from a circuit court. The Supreme Court decides what cases it takes. I don't think there are any circuit court decisions to appeal yet, and the Supreme Court may not hear a case until there are a number of circuits dealing with the same issue.

Thanks for the explanation JCC. :)

[crazyforkate]

And Idaho is the birthplace of Sarah Palin!

Oh, god, when Alaska legalizes I'm going to be utterly gleeful, just because she's such a twit. Welcome to the club Idaho!

[Toothfairy]

Another article I found says that gay and lesbian couples could be able to wed as soon as FRIDAY! That would make two states in one week! :cracking-up:

I'm so happy. I'm glad the government is finally waking up.

I'm also glad these bible thumpers are pissed :clap:

[WonderingInWA]

I hail from Idaho (and yes, there's a reason I got out) and I can't tell you what an asshole Butch Otter is and how disappointed my good friend was to see this happen today. She and her wife (they are legally married in California, but not in their homestate of Idaho) were ready to get their marriage license Friday morning, had ordered flowers for their wedding to take place next weekend. It was a HUGE disappointment, heart-breaking doesn't even come close. They've been together 18 years!

I'll tell you what -- Butch Otter better watch his back and ramp up his personal security. He's the big asshole and my Idaho peeps aren't taking this very well...