In a motion filed yesterday in the United States District Court of Idaho, Governor C.L. “Butch” Otter has requested a stay should the court rule in favor of the four couples suing for marriage equality in Idaho.
In the motion, Otter’s attorneys Thomas C. Perry and Cally A. Younger make it clear that should the plaintiffs succeed at the district court level, the State of Idaho will “timely and duly petition” all the way to the United States Supreme Court.
The motion cites the United States Supreme Court’s decision to issue a stay in the Utah case of Kitchen v. Herbert. In that case, the Utah Attorney General failed to file a stay prior to the ruling and bungled its motions so badly afterward that no stay was granted until it was finally appealed to the US Supreme Court on January 6, 2014. That delay allowed some 1,200 same-sex couples to legally marry in Utah.
The brief contends that because no stay was issued with the ruling “Utah, its administrative agencies, its same-sex couples, and its citizens generally have been plunged into uncertainty, chaos, and confusion…. Seeing the unmitigated disaster in Utah and the clear and decisive action by the Supreme Court, all but one of the subsequent district court decisions ruling against man-woman marriage have provided for a stay.”
The entire motion can be read here.