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Supporters of same-sex marriage wave flags in the Castro neighborhood in San Francisco, California after the United States Supreme Court ruled on California's Proposition 8 and the federal Defense of Marriage Act June 26, 2013. The U.S. Supreme Court on W
Another one falls:
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.

The judge also denied Gov. Butch Otter's motion for a stay on the ruling:
“This case involves serious legal questions, but as the Court’s May 13 Order makes clear, Governor Otter is not likely to succeed on the merits,” the judge wrote. “The State’s continued enforcement of its laws against same-sex marriage irreparably harms Plaintiffs and other same-sex couples.”
Next up, Alaska and Virginia and everywhere else.

Originally posted to Hunter on Wed May 14, 2014 at 10:41 AM PDT.

Also republished by Daily Kos.

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Comment Preferences

  •  Idahooray! (3+ / 0-)
    Recommended by:
    sfbob, hulibow, Rashaverak

    I’m not a big fan of vegetable gardens. Like my chickens, I prefer my salads to be cage free.

    by glb3 on Wed May 14, 2014 at 10:48:10 AM PDT

  •  And it gets better! (7+ / 0-)

      BOISE, Idaho (AP) -- 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.

  •  I Hear the Aryan Nations Compound (1+ / 0-)
    Recommended by:

    in Hayden Lake is converting its chapel into a wedding venue...just sayin'.

    The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness. -- John Kenneth Galbraith

    by Kangaroo on Wed May 14, 2014 at 11:02:01 AM PDT

    •  My mother-in-law's family (1+ / 0-)
      Recommended by:

      used to have vacation property in the Hayden Lake area; she's very disappointed in what's happened there. (And likely very excited about this court ruling, though I haven't talked to her today.)

      There's only one rule that I know of, babies -- goddammit, you've got to be kind. -- Kurt Vonnegut

      by Cali Scribe on Wed May 14, 2014 at 11:28:55 AM PDT

      [ Parent ]

  •  This is especially satisfying (11+ / 0-)

    because Bryan Fischer pushed/wrote/promoted the constitutional definition of marriage crap before he left Idaho for the Family Circle of Hate On Everyone Else Association, and he is a total prick. Tears of impotent rage coming from his Twitter, begging the Gov to defy the ruling...

    Gov. Butch Otter, Idaho and a subjugated nation turns its lonely eyes to you. What will you do?
    and two, the bigots were out in full force last legislative session and this is a huge fuck you to all of them.
    and three, I've got peeps getting married on Friday!!!
  •  One by One, Equality Wins (4+ / 0-)
    Recommended by:
    Rashaverak, fcvaguy, smartalek, jaf49

    The Civil Rights Movement of our time.

    Your kids are more than a test score, and so are their teachers.

    by gtnoah on Wed May 14, 2014 at 11:20:31 AM PDT

  •  Is it wrong that I'm smiling? (4+ / 0-)
  •  Butch Otter? (0+ / 0-)
    Were either [Idaho Gov] C.L. "Butch" Otter or his wife married before?
    Otter was previously married to Gay Simplot, from 1964 to 1992.

    ... I'm generally not one to make fun of people's names ... but, man ...

  •  Cautiously optimistic about Virginia (1+ / 0-)
    Recommended by:

    One judge adamantly opposed, one clearly in support, and the other too quiet to discern.

    KOS: "Mocking partisans focusing on elections? Even less reason to be on Daily Kos."

    by fcvaguy on Wed May 14, 2014 at 11:44:46 AM PDT

  •  This is pretty! (2+ / 0-)
    Recommended by:
    pearlsarefuzzy, jaf49

    "Speaking for myself only" - Armando "Pay Attention To Me diplomacy never works out very well for anyone but the defense contractors." -Hunter

    by JR on Wed May 14, 2014 at 11:45:11 AM PDT

  •  I do enjoy some Schadenfreude (4+ / 0-)

    now and again.  I find it enormously satisfying to see all these hastily-conceived laws against marriage equality that so many states passed being summarily quashed by Federal judges.  What they thought would vanquish their greatest fear results in doing that which they were trying to prevent.  Such a delicious irony!  And:  Karma is a bitch!  

    -7.13 / -6.97 "The people never give up their liberties but under some delusion." -- Edmund Burke

    by GulfExpat on Wed May 14, 2014 at 12:06:53 PM PDT

    •  I'm trying to limit my joy... (2+ / 0-)
      Recommended by:
      jaf49, aggieric the idea that a great wrong is, o so slowly, being righted, and that justice is being done.
      But that the haters are fuming in impotent rage does, I must admit, add a little frisson of additional thrill.
      I am clearly a bad, bad person.
      [hangs head in shame]

      •  The haters....... (0+ / 0-)

        At least three state attorneys general have determined that they have no legal strategy with which to defend their states' bans against gay marriage -- the three states in question being Oregon, Nevada, and Virginia.  Instead of attempting to craft defenses of their marriage statutes, they have actually crossed the line and have argued that these state statutes, in their present heterosexual-only form, cannot survive constitutional attack.  This has driven the haters berserk with impotent fury, because state attorneys general are supposed to be the ultimate defenders of state statutes.  However, this situation is (to the best of my knowledge) unprecedented --- as these three attorneys general have concluded, the US Supreme Court decision in US v. Windsor, 570 U.S. 12 (2013) compels the result (the striking down of state heterosexual-only marriage statutes).

        What is a state attorney general supposed to do when he sees a legal challenge to a state statute rendering that statute utterly incapable of standing up to case law and recent doctrinal developments?  Fiscal prudence and restraint suggest to me that he or she should avoid a costly battle where the outcome is clearly decided by precedential case law.

        It does give me some measure of pleasure to know that the haters are losing their position in society, and I cannot help but chuckle when I read Brian Brown's rantings on behalf of the horribly misnamed "National Organization for Marriage" (NOM).  He is even more virulently homophobic than his predecessor, Maggie Gallagher, who founded this organization in an effort to PREVENT marriage, not to support it (to prevent GAY marriage, more specifically).  During her tenure, NOM paid more than $1,000.000.00 for an advertisement named "The Gathering Storm," supposedly about the dangers of gay marriage on the horizon -- instead of being treated with seriousness, this advertisement was met with snickers and hoots of derision (as well as countless parodies on YouTube, many of which remain present to this day).

        So no -- I take delight in what is happening.  As of yesterday, an uninterrupted streak of 11 federal court decisions held that state prohibitions against gay marriage were unconstitutional -- and the first batches of these decisions has already reached the US Court of Appeals for the Fourth Circuit and the US Court of Appeals for the Tenth Circuit (the judgments will not be handed down for several months).

        I laugh to their faces.


  •  At least on this front, our side is winning. (1+ / 0-)
    Recommended by:

    The side of the good guys. Not the bigots.

    I don't know if Ghandi actually said "I love your Christ, but I don't like your Christians", but I'm gonna keep attributing it to him. If he didn't actually say it, he was probably thinking it.

    by pearlsarefuzzy on Wed May 14, 2014 at 12:09:28 PM PDT

  •  Handnote found scribbled on the Governor's brief (0+ / 0-)

    It's as bad as eating a burger where they serve colored!

  •  Had a hard time sleeping here in Boise (2+ / 0-)
    Recommended by:
    jaf49, ktowntennesseedem

    last night.

    The sound of all those heads exploding kept me awake for hours...

    When atlatls are outlawed, only outlaws will have atlatls.

    by wheeldog on Wed May 14, 2014 at 12:33:10 PM PDT

  •  The eloquence of the ruling....... (0+ / 0-)

    What was so wonderful about this ruling was the eloquence and beautifully crafted language with which it was written.

    Chief Magistrate Judge Candy Dale grasped in full the fact that the US Supreme Court decision of US v. Windsor, 570 U.S. 12 (2013) compelled her judgment; she correctly observed that there was no need to hypothesize whether or not the US Supreme Court had created a new fundamental right to gay marriage, because 1) this was not about a new fundamental right, and 2) the US Supreme Court insisted that the US government respect these marriages on the same terms as heterosexual marriages.  If the US Supreme Court insisted that these rights be respected on the same terms as heterosexual marriages by the US government, speaking about the dignity of these legal relationships, then that fundamental right of marriage clearly extended, a fortiori, to gay marriages, just as the fundamental right of marriage extended to interracial marriages when the US Supreme Court handed down Loving v. Virginia, 388 U.S. 1 (1967).  It was not a matter of inventing a new fundamental right to gay marriage; it was a matter of extending the existing fundamental right of marriage to gay couples, just as the Loving Court had extended that right to interracial couples; just as the Zablocki v. Redhail court (at 434 U.S. 374 (1978)) had extended that right to parents who were behind on their child support; just as the Turner v. Safley Court (at 482 U.S. 78 (1987)) had extended the fundamental right of marriage to prison inmates.

    Her opinion was a double-barreled opinion, striking down the Idaho prohibition of gay marriage on both due process and equal protection grounds.  It was thoroughly researched and should sit well with the US Court of Appeals for the Ninth Circuit.


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