IDAHO: Gov. Otter Isn't Surrendering On Same-Sex Marriage After All

On Friday night, Idaho Gov. Butch Otter seemed like he was surrendering the fight against same-sex marriage, saying, "We are a nation of laws. Idaho now should proceed with civility and in an orderly manner to comply with any forthcoming order from the 9th Circuit." Today we hear differently.

The 9th Circuit asked the state to respond to the plaintiffs' motion by 1 p.m. Monday. Otter and Attorney General Lawrence Wasden are pursuing separate legal tracks, so each filed a response. In his response to the plaintiffs' motion to lift the stay, Otter asked the 9th Circuit to leave the District Court stay in place so he can request a full 9th Circuit Court hearing or seek a stay from or file a petition with the Supreme Court. Wasden responded the state is not opposed to lifting the District Court stay because given the actions taken by the Supreme Court on Oct. 6 in which it rejected seven petitions from other states requesting review along with Idaho's failed request for a Supreme Court stay, the state "cannot satisfy the stringent standards governing issuance of stays," Wasden wrote. But Wasden said that does not mean the state will not pursue further legal action. The state's non-opposition to the stay "does not reflect reconsideration of their position concerning validity of Idaho's marriage laws or the strength of their legal position. Nor does it reflect a determination not to pursue further review of the October 7 opinion," in which the 9th Circuit shot down Idaho’s gay-marriage ban.

(Tipped by JMG reader Bob)