Shortly after striking down Idaho’s ban on same-sex marriage as unconstitutional, United States District Judge Candy Dale also denied Idaho Governor C.L. “Butch” Otter’s request for a stay pending appeal, which was filed on Monday.
Dale ruled that not only was Idaho’s appeal of the ruling unlikely to succeed, but added, “Nor does the public interest favor preserving a status quo that deprives individuals of their constitutional rights. The court finds a stay pending appeal is not warranted.”
Dale’s order lifting Idaho’s marriage discrimination laws is scheduled to take effect on Friday, May 16, at 9:00 am local time. Otter has promised to appeal both the stay and the initial ruling to the Ninth Circuit Court of Appeals. Idaho Attorney General Lawrence Wasden is reportedly already working to that end.