No Same-Sex Marriages In Idaho During Appeal, Arguments Set For September

The 9th Circuit Court of Appeals issued a temporary order stopping same-sex couples' marriages, which were due to start at 9 a.m. May 16. [Update: Under a May 20 order from the 9th Circuit, the stay will continue while the appeal, scheduled for argument in September, is considered.]

WASHINGTON — Same-sex couples will not be able to marry on May 16 in Idaho following a temporary order from a federal appeals court May 15.

The order follows the request from Idaho Gov. Butch Otter to stay the enforcement of this week's trial court decision finding Idaho's ban on same-sex couples' marriages to be unconstitutional. Otter is appealing that decision, which was scheduled to take effect at 9 a.m. May 16, and asked for a stay pending the appeal.

In a one-sentence order, a three-judge panel of the 9th Circuit Court of Appeals wrote, "The district court's May 13, 2014 order is temporarily stayed pending this court's disposition of appellants' emergency motions for a stay pending appeal."

The appeals court judges — Judges Edward Leavy, Consuelo Callahan, and Andrew Hurwitz — issued a temporary stay until the 9th Circuit decides whether to issue a stay that will last throughout the state's appeal.

On May 20, the 9th Circuit issued an order in the case, granting the state's request to stay the trial court decision pending the appeal.

The court set an expedited schedule for the appeal, with briefing over the summer and oral arguments set for early September.

Judge Hurwitz noted that he only granted the stay because of the U.S. Supreme Court's earlier action staying the trial court decision in Utah's marriage case pending the appeal of there.