For a few days, there will be gay marriage in Idaho:
A federal judge in Boise has called Idaho’s ban on same-sex marriage unconstitutional.
Judge Candy Dale sided with four Idaho couples who had filed a lawsuit against the state and the article of the Idaho Constitution that says the state only recognizes marriage as being between a man and a woman.
The judge says Idaho’s marriage laws violate the couples’ rights under the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution.
The Governor of Idaho has decided he wants history to remember him as a man who used his power to maintain inequality. He’ll pursue a stay and he says it will go to the Supreme Court:
Governor Otter responded to the ruling Tuesday evening:
“In 2006, the people of Idaho exercised their fundamental right, reaffirming that marriage is the union of a man and a woman. Today’s decision, while disappointing, is a small setback in a long-term battle that will end at the U.S. Supreme Court. I am firmly committed to upholding the will of the people and defending our Constitution.”
To which I say: ok, bring it. The Idaho ruling makes 15 federal justices in a row who have made the same call. The nation is ready to rally behind gay marriage at the level of the Supreme Court. The last few rulings at that level have been narrow decisions in favor of equality. If you want to force the SCOTUS to make a broad ruling, be our guest.