LGBT News Idaho's gay marraige ban struck down by Federal judge; refuses to issue stay

what's a stay? Apologies in advance if I asked a basic political question.

 

I think its a situation allowing a law to stay in place until appeals have finished.

 

Yeah, in these cases, if the judge issues a stay, it prevents his or her judgment to be executed until the case's disposition by the court (or it's appeal). Without a stay (from the trial judge, the 9th Circuit Court of Appeals, or SCOTUS), come Friday at 9AM, Idaho same-sex couples will be able to marry.

We had a similar situation in Utah where the district judge ruled the SSM ban unconstitutional and didn't stay his ruling. The Court of Appeals also did not issue a stay and same-sex couples were able to marry until SCOTUS issued a stay pending the case's disposition.

 

Well, except in Utah they forgot to ask for a stay as part of the original filing. My understanding is that in Idaho they asked and the judge refused.:eusa_danc

 

Yeah, you're right, they forgot to ask for a stay (not that it would have mattered up until SCOTUS intervened).

In the Utah case, Judge Shelby issued his ruling but didn't rule on a stay because no motion had been filed, the state got pissed and went directly to the 10th Circuit who denied it because they should have first gone to Shelby asking him to stay his own ruling. So Utah begrudgingly goes to Shelby and asks him to stay his ruling; he declines to do so. Then, Utah goes again to the 10th Circuit, now that Shelby had ruled on the stay, and asks for the emergency stay; they decline, this time on the merits ("Having considered the district court’s decision and the parties’ arguments concerning the stay factors, we conclude that a stay is not warranted"). Finally, Utah appeals to Sotomayor, the SCOTUS justice assigned to that Circuit, who refers the matter to the full court, who then decide to issue a permanent stay "pending final disposition of the appeal by the United States Court of Appeals for the Tenth Circuit." All of this was complicated by the fact that it happened during Christmas.

 

Well, a panel of the 9th Circuit just issued a temporary stay while they consider if a longer one is necessary.

BOISE, Idaho: Idaho gay marriage placed on hold; rallies planned - Business Breaking News - MiamiHerald.com