Since its now famous dual rulings on same-sex marriage –striking down both Prop. 8 and the Federal Defense of Marriage Act (DOMA) – the United States Supreme Court has ushered in an era of challenges to same-sex marriage bans across the United States. No fewer than ten states have had their constitutional bans struck down since last June. To the list, we can now add Idaho where four lesbian couples are challenging the state’s ban on same-sex marriage. The case is Latah vs Otter.
At the heart of the challenge are four couples, two of whom were married in states where marriage is already legal between members of the same gender and two who have applied for marriage licenses in Idaho but were denied. All four couples just also happen to be lesbian.
“I’ve had moments thinking about cases you read about in elementary school that changed history, and that we would be part of that potentially,” says Lorie Watsen, the wife of Sharene Watsen and one of the four couples forcing Idaho’s hand to recognize their marriage. Lawyers for Gov. C.L. “Butch” Otter and the Idaho attorney general are defending the ban.
Shaakirrah Sanders, who teaches law at the University of Idaho, agrees. “I think this case has the potential to be huge.”
At stake is whether or not Idaho will be forced to comply with a ruling that is now being considered by the U.S. Federal Appeals Court for the Ninth District (which includes California). The argument being put forth, as has been by all of the other appeals, is that by denying same-sex couples the right to marry, states our violating their constitutional right to equal protection.
But Sanders added on a more somber note, “The Ninth Circuit made it very clear to limit their decision to California, that this is not a rule that’s going to apply throughout the Ninth Circuit which includes Idaho,” Sanders said.
The loss, both sides agree, will almost certainly trigger an appeal. But will the Idaho lawsuit be the one to cause a sufficiently unanimous decision by the Supreme Court that makes same-sex marriage the law of the land? Sanders doesn’t think so. “Probably not. That’s because several cases are further along in the process.”
And according to Boise State Public Radio, a few outcomes are possible: “Monday’s hearing focuses on three motions. Idaho’s attorney general wants the case dismissed. Lawyers for the governor and the plaintiffs have both asked for a summary judgment. That means they want the judge to rule in their favor without a trial. Sanders thinks the judge will likely grant one of the summary judgment requests and not call for a full trial. The decision might come in a couple of weeks. But Sanders thinks the judge might wait to rule until one of the higher courts has decided on one of the other similar cases.”
