Idaho seeks stay in same-sex marriage case, cites “unmitigated disaster” in Utah

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.

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One Comment

  1. I think Otter is the unmitigated disaster. In August 1992, Otter was pulled over on Interstate 84 near Meridian for suspicion of driving under the influence. He claimed the arresting officer observed him swerving as he was reaching for his cowboy hat, which had been blown off by the wind in his open car. Otter offered several explanations for failing the field sobriety test including: his stocking feet were stung by weeds and gravel, he had run eight miles (13 km) and his knee hurt, he was hungry, and that he had soaked his chewing tobacco in Jack Daniel's. A jury convicted Otter in March 1993 and he was sentenced to 72 hours of community service and 16 hours at an alcohol treatment program.[19] This incident allegedly forced Otter to abandon an anticipated run for governor in 1994 and instead seek re-election for lieutenant governor.[20].

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