IDAHO: Gov. Butch Otter Requests Marriage Stay Pending En Banc ReviewUPDATE: Justice Kennedy Issues Stay

Via the Idaho Statesman:

Earlier this morning, Idaho Gov. Butch Otter filed a motion with the 9th Circuit Court of Appeals seeking a stay pending appeal of the court's ruling Tuesday that Idaho's law banning gay marriage is unconstitutional be stayed pending an appeal. Without the stay, county clerks throughout Idaho will be compelled to begin issuing mariage licenses to same-sex couples beginning at 8 a.m. Wednesday. "Each same-sex marriage performed will be contrary to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels," wrote Thomas C. Perry, counsel for the governor, in one of three filings this morning. A stay would allow the state to seek a review by the entire 9th Circuit Court of Appeals of Tuesday's ruling by a three-member panel. Perry wrote the state is also prepared to press the matter before the United States Supreme Court.

Idaho's Ada County Clerk Chris Rich plans to begin issuing same-sex marriage licenses at 8AM today local time and says he will do so until he "hears otherwise." Ada County is Idaho's most populous and is home to Boise, the state capital.

UDPATE: Supreme Court Justice Anthony Kennedy, who has jurisdiction over the Ninth Circuit, has issued the stay.

FUN FACT: Marriage defender Gov. Butch Otter's first wife of 28 years was named Gay. Her name was Gay Otter. Seriously. Her maiden name was Gay Simplot and she's one of the heirs to a multi-billion dollar potato fortune. Seriously. These days Gov. Otter is married to a former Miss Idaho, who is 25 years younger than the former Gay Otter.

BONUS FUN FACT: When Butch Otter was busted for DUI in 1992, he told the cops that he'd failed the Breathalyzer test because his chewing tobacco was soaked in Jack Daniels. Seriously. He was convicted and ordered to rehab. The scandal brought down his bid for governor that year.