John M. Becker

Idaho Couples Ask Judge to Strike Down Idaho Marriage Ban

Filed By John M. Becker | February 19, 2014 3:00 PM | comments

Filed in: Living, Marriage Equality
Tags: gay marriage, Idaho, lawsuit, marriage equality, NCLR, same-sex marriage

Correction: The Idaho lawsuit was filed in early November. Yesterday the plaintiffs filed a motion for summary judgment, which means they asked the judge to make a ruling on the facts of the case without trial. The headline and article have been changed to reflect the correct information; we regret the error.

idaho-map.jpgThere's been new activity in an Idaho lawsuit challenging that state's marriage discrimination amendment.

From NCLR's press release:

Late Tuesday, four couples suing the State of Idaho asked a federal court to declare unconstitutional Idaho's refusal to permit same-sex couples to marry or to recognize their existing marriages. In their request, the couples argue that Idaho's ban on marriage for same-sex couples violates the Equal Protection and Due Process Clauses of the United States Constitution. The motion is scheduled to be heard by Chief United States Magistrate Judge Candy W. Dale on May 5, 2014 in Boise.

The couples, all from Boise, include university instructors, a teacher of deaf children, and a military veteran who served with the Idaho National Guard in Iraq. Three of the couples are raising children.

The papers filed by the couples on Tuesday assert that Idaho's marriage ban cannot stand in light of the Supreme Court's ruling last June that the federal government's discrimination against married same-sex couples violates the federal constitutional requirements of equal protection and due process.

The couples' papers note that every federal court to consider the issue since last summer's Supreme Court decision has ruled in favor of the freedom to marry for same-sex couples. This includes federal courts in Utah, Ohio, Oklahoma, Kentucky, and Virginia.

Kudos to the plaintiffs and their attorneys for taking a bold stand for equality in the Gem State.

To learn more about the plaintiff couples, click here.

RELATED: Dozens of LGBT Activists Arrested in Idaho Protest.
Hundreds Swarm Idaho Capitol Demanding LGBT Protections.

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