Same-Sex Couples Can Marry In Idaho

by Stephen Peters

WASHINGTON– Today the Supreme Court of the United States denied a stay of the Ninth Circuit decision striking down Idaho’s marriage equality ban, allowing marriage equality to take effect in Idaho.  The state still has the option to petition the Supreme Court for certiorari.  However, the state cannot refuse to grant same-sex couples marriage licenses pending a decision by the Supreme Court.

“Today’s Supreme Court order is yet another critical step in the path towards full nationwide marriage equality,” said Human Rights Campaign (HRC) Legal Director Sarah Warbelow. “Same-sex couples cannot wait while the judicial process plays out, and the Supreme Court clearly agrees.”

On Tuesday, a three-judge panel for the Ninth Circuit Court of Appeals ruled that state bans on marriage rights for same-sex couples are unconstitutional.  In a decision authored by Judge Reinhardt, who was joined by Judge Gould and Judge Berzon, the court found that Idaho and Nevada’s marriage bans violate the 14th Amendment to the U.S. Constitution on the basis of equal protection.

Nevada declined to appeal the Ninth Circuit decision while Idaho requested an emergency stay and signaled their intent to challenge the decision.

On Monday the nine justices of the Supreme Court announced they had declined to hear any of the cases pending before them challenging state bans on marriage for same-sex couples.  This allowed the circuit court decisions striking down the bans to stand.

Gallup puts support for marriage equality at 55 percent – an astonishing 15 point increase from just 5 years ago – with other polls showing support at even higher margins.  And support for same-sex marriage rights continues to grow in virtually every demographic group.  According to ABC News / Washington Post, 77 percent of adults under age 30 favor marriage equality.  40 percent of Republicans – an all-time high and jump of 16 points in under two years – now support marriage for gay and lesbian couples, while the number of Catholics supporting marriage has grown to 62 percent, according to the New York Times.  These numbers continue to grow, with no indication that support will slow down. 

The Human Rights Campaign is America's largest civil rights organization working to achieve lesbian, gay, bisexual and transgender equality. By inspiring and engaging all Americans, HRC strives to end discrimination against LGBT citizens and realize a nation that achieves fundamental fairness and equality for all.

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