Federal Judge: Idaho Same-Sex Marriage Ban Unconstitutional ***UPDATE***

[Capt. Obvious]

Last edited Wed May 14, 2014, 01:51 PM - Edit history (1)

Source: Associated Press

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.

Read more: http://talkingpointsmemo.com/news/federal-judge-strikes-down-idaho-gay-marriage-ban

[kcdoug1]

1. tick tock tick tock

[Major Nikon]

2. Are you ready for this

[Comrade Grumpy]

3. There's gonna be a lot of unhappy people in Idaho. They're gonna have to join this century.

[Swede Atlanta]

4. It seems we have seen a logjam break in the past 12 months on this issue in

both state but primarily federal courts......

I think it is going to be hard for the Circuit Courts and eventually the U.S. Supreme Court to find that all of these individual, competent judges have performed an incorrect constitutional analysis and come to the wrong conclusion.

Marriage equality is going to happen. I am surprised at how quickly this may well pass. We have cases pending before several U.S. Circuit Courts and from there we can expect one or more of these cases that have none of the complexity of the California Prop 8 case to come before the Supreme Court.

While we could see the Roberts court dodge the issue or even rule against marriage equality I somehow think there will be a majority that finds for marriage equality.

[Adrahil]

7. I think your analysis is correct.

While I wouldn't put anything past this court, such a DELUGE of consistent rulings from the lower courts is going to be hard to over rule. I mean, Scalia even said that the DOMA ruling implied that this would happen. And with so many married couples now, I can't see how they can cleanly close the door again. At least, I hope so.

[jmowreader]

5. My paper's going to have to run a special section for all the hand-wringing letters

Which is fine by me; we'll fill the thing with ads from churches and far-right businessmen, and make some money.

[Arkana]

6. This is happening everywhere.

And now it's happening in red states--the right is slowly but surely losing the fight on gay marriage, and I look forward to the day that they finally give up the ghost.

[closeupready]

9. And this emerging consensus against homophobic bigotry WEAKENS the GOP

since gaybashing was a huge part of the GOP platform in years past - and of course, with GWB's strident press conference in which he pushed for a Federal Marriage Amendment back in 2004. How do you openly appeal to homophobes when homophobia is unpopular with most people, and becoming legally indefensible?

[closeupready]

8. Wow. So many victories.

K&R

[freebrew]

10. Why does the court have to review every state?

Isn't a few enough of an example to stop this madness in ALL of these states?

Missouri Publicans are trying to impeach Nixon(Jay) for allowing married gays to claim married deductions.

WTF is wrong with these asswipes???

[closeupready]

11. Personally, I think in many cases it's personal with them -

how many of those who refuse to let the issue go are closeted gay people, or else bisexual and having gay affairs on the side? I think most.

[freebrew]

13. +1...

[Capt. Obvious]

12. UPDATE: Federal Judge Denies Governor's Motion To Put Idaho Gay Marriages On Hold

A federal magistrate judge has refused to put gay marriages on hold in Idaho pending an appeal from the state's governor.

U.S. District Magistrate Judge Candy Dale wrote Wednesday morning that Gov. C.L. "Butch" Otter's appeal isn't likely to succeed, and so there's no reason to keep same-sex couples from seeking marriage licenses or marrying on Friday.

On Tuesday, Dale struck down Idaho's same-sex marriage ban in response to a lawsuit from four Idahocouples.

Dale said Idaho's law unconstitutionally denies gay and lesbian couples their fundamental right to marry and wrongly stigmatizes their families. She said the state must start issuing marriage licenses to same-sex couples Friday morning.

http://talkingpointsmemo.com/news/federal-judge-denies-motion-hold-idaho-same-sex-marriages