Idaho challenge still pending

BOISE – As the U.S. Supreme Court agrees to take up the 6th Circuit same-sex marriage case, opening the door to possible settlement of the issue for all 50 states, Idaho’s case still is waiting in line.

Idaho Gov. Butch Otter and Attorney General Lawrence Wasden are appealing Idaho’s gay marriage case to the U.S. Supreme Court, but they just filed their petitions two weeks ago. That means the Idaho case isn’t yet up for consideration by the high court.

Otter earlier filed a “friend of the court” brief in the 6th Circuit case asking the court to wait to take that case until it can consider Idaho’s case along with it. On Thursday, Otter’s office attorney, Tom Perry, said if the high court takes up just the 6th Circuit case, Idaho likely will be filing friend of the court arguments in that case. And the high court could decide the matter for all circuits after hearing the 6th Circuit case.

Todd Dvorak, spokesman for Wasden, said, “They haven’t taken up our case yet, and there’s no guarantee that they will.” But Wasden said Friday’s high court ruling is the beginning of the court making a final decision on the issue.

Deborah Ferguson, attorney for the four Idaho couples who successfully sued to overturn Idaho’s ban on gay marriage, said her side will urge the Supreme Court to decline review of Idaho’s case and let their win become final.

The high court, when it considers Idaho’s petition, will have the option of taking the case and hearing arguments; declining the case and letting the 9th Circuit’s decision stand; or holding the case until the other cases are decided.

Betsy Z. Russell