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Idaho Same-Sex Marriage Ban Nullified

Again, the judge has not (yet) stayed the decision, which means that unless something happens in the next couple of days, Idaho can be added to the list of states in which it is legal for same-sex couples to marry :smile: At the moment, the decision takes affect from 9am (local time) on Friday.

The interesting thing here is that the state's governor said before the decision was made that if the decision went against the state, they would be appealing for it to go directly to the Supreme Court, bypassing the normal process of a review by the Ninth Circuit court of appeals.

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Idaho Same-Sex Marriage Ban Nullified

The interesting thing here is that the state's governor said before the decision was made that if the decision went against the state, they would be appealing for it to go directly to the Supreme Court, bypassing the normal process of a review by the Ninth Circuit court of appeals.

I think that if the governor does that, the Supreme Court will send it back suggesting that they need to appeal the decision to the Ninth Circuit Court of Appeals.

Colin :icon_geek:

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Maybe, maybe not. There are enough appeals in the pipeline that the Supreme Court is likely to take one, to either reverse all of them, clarify/revise the interpretation of Windsor that all the courts are currently using, or make it the law of the land that same-sex marriage is a constitutional right. It could be this one as much as any other. The interesting thing to me was the fact that the governor was talking about appealing even before the judge had announced their decision.

The other tidbit of information is that in recent times, the decisions of the Ninth Circuit have been reversed by the Supreme Court more often than any other circuit. Being perverse, the Supreme Court may take this one just so they don't end up agreeing with the Ninth Circuit for once. I'm being facetious, but you never know....

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Quick appeals are a PR tactic since the order comes with no stay, just as with the recent Arkansas case.

That mean weddings will be going on and marriages will be getting established before the appeal. If they somehow get a reversal later, they'll be in the position of BREAKING UP marriages in a very public way and the middle of the road in America has an intrinsic affinity for fairness that will get queasy at that even if their religious views disagree with gay marriage.

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