Citing recent success in federal courts in other US states, they want ban immediately declared unconstitutional
Feeling the momentum from judicial victories in other states, the four couples suing to overturn Idaho’s ban on gay marriage are trying to move their case along a little faster.
The couples filed a motion late Tuesday (18 February) asking a federal court in Boise to issue a decision without a trial. They claim the ban violates the equal protection and due process clauses of the US Constitution.
The motion is scheduled to be heard by Chief US Magistrate Judge Candy W. Dale on 5 May 5 in Boise.
In their latest filing, the couples note that every federal court to consider the issue since last summer’s Supreme Court decision gutting the Defense of Marriage Act has ruled in favor of the freedom to marry for same-sex couples.
This includes federal courts in Utah, Ohio, Oklahoma, Kentucky, and Virginia.
The lawsuit was filed last November by Susan Latta and Traci Ehlers, and Lori and Sharene Watsen, who married in other states and want Idaho to recognize their marriages, and Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson (pictured), who want to get married.
The couples are all from Boise and include university instructors, a teacher of deaf children, and a military veteran who served with the Idaho National Guard in Iraq.