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Eye On Boise

Idaho joins states calling for U.S. Supreme Court to take up Utah, Oklahoma gay marriage cases

Idaho has joined sixteen other states in two briefs to the U.S. Supreme Court, led by Colorado, urging the high court to take up the issue of same-sex marriage in cases from Utah and Oklahoma. The 17 states ask the Supreme Court to take those up to clear up a "morass" of lawsuits, but don't urge the court to rule one way or another in the briefs; you can see the briefs here and here. Meanwhile, 15 states that permit same-sex marriage, led by Massachusetts, also filed briefs with the high court urging it to take up the cases from Utah, Oklahoma and Virginia, and to overturn the bans. Massachusetts Attorney General Martha Coakley said, "Laws that bar same-sex couples from marrying are discriminatory and unconstitutional. The time has come for this critical issue to be resolved."

Idaho's joining of the Colorado brief comes just days before Idaho's own same-sex marriage ban is up for oral arguments at the 9th Circuit Court of Appeals on Monday, after a U.S. District Court judge in Idaho overturned Idaho's ban as unconstitional in May. Kriss Bivens-Cloyd, spokeswoman for Idaho Attorney General Lawrence Wasden, said the office had no comment on why it'd joined in the multi-state brief regarding Utah and Oklahoma or how that plays into the state's continuing efforts to defend Idaho's ban. “We have an oral argument on Monday and we are not going to make any comment,” she said. Click below for a full report from the Associated Press in Boston on the multi-state filings to the U.S. Supreme Court.

 

32 states ask Supreme Court to settle gay marriage 

BOSTON (AP) — Thirty-two states that either allow gay marriage or have banned it asked the U.S. Supreme Court on Thursday to settle the issue once and for all.

Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another.

The filing came as a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The unanimous decision Thursday criticized the justifications both states gave, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.

The experience of Massachusetts — the first state to legalize gay marriage — shows that allowing same-sex couples to wed has only benefited families and strengthened the institution of marriage, said Attorney General Martha Coakley.

"Laws that bar same-sex couples from marrying are discriminatory and unconstitutional," she said. "The time has come for this critical issue to be resolved."

Massachusetts was joined by California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maine, Maryland, New Mexico, New York, Oregon, Pennsylvania, Vermont, and Washington.

Colorado's brief argued that the definition of marriage faces legal challenges only the Supreme Court can resolve, and that without a Supreme Court decision, states defending bans could be liable for huge legal bills from future lawsuits if they are overturned. It was written by Daniel D. Domenico, the state's solicitor general, and Michael Lee Francisco, assistant solicitor general.

Colorado was joined by Alabama, Alaska, Arizona, Georgia, Idaho, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, West Virginia and Wisconsin.

These are the cases addressed in the briefs:

— In Virginia, the 4th U.S. Circuit Court of Appeals ruled in July that the state's voter-approved ban is unconstitutional. The state has appealed to the U.S. Supreme Court, which hasn't said whether it will accept the case. But the high court granted a request on Aug. 20 from a county clerk to delay implementation of the ruling, which would have allowed same-sex couples to marry beginning the next day.

— In Oklahoma, an appeals court tossed the state's ban in July but put its ruling on hold pending an appeal, meaning same-sex couples can't marry in Oklahoma for now. Attorneys representing the Tulsa County court clerk — who refused to issue a marriage license for a lesbian couple there — asked the Supreme Court this month to hear the case.

— In Utah, the 10th U.S. Circuit Court of Appeals in Denver ruled this summer that Utah must allow gay couples to marry, though it put the ruling on hold pending an appeal. The state has asked the U.S. Supreme Court to uphold the state's ban.


 

Copyright 2014 The Associated Press

 



Betsy Z. Russell

Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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