Follow breaking news @lgbtqnation

Idaho AG files motion to dismiss same-sex marriage case

Thursday, January 9, 2014

BOISE, Idaho — Idaho Attorney General Lawrence Wasden filed a motion Thursday seeking to dismiss a lawsuit that challenges the state’s voter-approved same-sex marriage ban.

Lawrence Wasden

Lawrence Wasden

Wasden filed the motion as a representative of Ada County Clerk Chris Rich. In November, four couples challenged Idaho’s gay marriage ban with a lawsuit in U.S. District Court against Gov. C.L. “Butch” Otter and Rich, saying Idaho’s 2006 voter-backed law banning gay marriage violates the U.S. Constitution’s equal protection and due process guarantees.

In his dismissal motion, Wasden argues that courts haven’t ruled that same-sex marriage is a fundamental right and Idaho’s ban does not violate the couples’ rights.

Wasden also argues that the recent U.S. Supreme Court decision on the Defense of Marriage Act allows for states to define marriage.

The Supreme Court decision on DOMA “also did not hold that all states are required constitutionally to permit or recogni ze same-sex marriage,” the motion says.

The Idaho case is developing as judges in New Mexico, Ohio and Utah recently ruled in favor of same-sex marriage.

The eight Idaho women who sued are Sue Latta and Traci Ehlers, Lori and Sharene Watsen, Shelia Robertson and Andrea Altmayer, and Amber Beierle and Rachael Robertson.

Advertisement
The women’s lawyers have adopted a legal strategy that’s been effective in Ohio so far.

They contend Idaho has historically recognized marriages performed in other states that would have been considered illegal under Idaho law, such as marriages between first cousins and common-law marriages, but the state has unconstitutionally drawn the line at gay marriage.

Among other things, the women say they’re already facing potential discrimination as a result of Idaho’s ban: For instance, even though they’re allowed to file joint federal tax returns like other married couples, they’re prohibited from joint state tax filing status in Idaho, forcing them to do extra work and potentially subjecting them to financial penalties.

Wasden is attempting to intervene in the case as well, but the federal judge has not ruled on that motion.

© 2014, Associated Press, All Rights Reserved.
This material may not be published, broadcast, rewritten, or redistributed.
Share this article with your friends and followers:

Archives: , , ,

Filed under: Idaho

24 more reader comments:

  1. Good, then let them appeal it as high as they can go. This is a fast-track for the Supreme Court.

    Posted on Friday, January 10, 2014 at 3:08am
  2. At first when I saw the title I thought it meant the state was dropping its appeal and had a change of heart. Boy was I disappointed…

    Posted on Friday, January 10, 2014 at 3:11am
  3. Ah yes, like it will be that simple you dim wit!! Another white, blue eyed, fat, religious bigot. Gotta Fn love their audacity and tenacity!! Like “just throw this away” cause we voted!! WTF is the matter with you people? Do you actually know nothing of civil rights or do you really not give a rip?

    Posted on Friday, January 10, 2014 at 3:16am
  4. More Mormon BS…..

    Posted on Friday, January 10, 2014 at 3:21am
  5. I own land in Idaho, it’s going to be fun getting to know the neighbors when I move there, they’re getting a very vocal outspoken liberal democrat! Let the fun begin! Changing it blue one person at a time!

    Posted on Friday, January 10, 2014 at 3:34am
  6. He looks creepy!!

    Posted on Friday, January 10, 2014 at 3:43am
  7. Dear Mr. Attorney General Lawrence ‘Scum of the Earth’, ‘Asshole of the Year’ Wasden – FUCK YOU!!!! #LOVEISLOVEISLOVE

    Posted on Friday, January 10, 2014 at 3:55am
  8. What is your freaking problem? How in the world does my “same sex marriage” possibly harm you idiot?
    Unlike you my vows were given in Love and RESPECT.
    And I’m still not opposed to a straight marriage!

    Posted on Friday, January 10, 2014 at 4:06am
  9. This needs to be done on a federal level and not left up to each state

    Posted on Friday, January 10, 2014 at 4:06am
  10. haha dismiss this

    Posted on Friday, January 10, 2014 at 4:07am
  11. Oh he’s got secrets. Something just isn’t right about this moron. Hold on, the skeleton will fall.

    Posted on Friday, January 10, 2014 at 4:07am
  12. ... the skeleton will fall... out of the open closet door.

    Replied on Friday, January 10, 2014 at 12:47pm
  13. Asshole

    Posted on Friday, January 10, 2014 at 4:17am
  14. You would be amazed at the number of self hating closet cases in the LDS church ..

    Posted on Friday, January 10, 2014 at 4:21am
  15. The marriage ban should never have been up for public vote anyway.

    Posted on Friday, January 10, 2014 at 4:29am
  16. Leave them and their marriages alone ok.gay people are not hurting anyone they deserve to happy.maybe your marriage should be dismiss that if you are married

    Posted on Friday, January 10, 2014 at 6:47am
  17. Seriously, why do these beetle-browed conservatives believe their ignorant opinions trump equal rights? Are they truly that deluded and egocentric?

    Posted on Friday, January 10, 2014 at 7:35am
  18. Yes, sadly they are. It's not too much of a stretch though when you consider that most of the population believe that they are members of the "One True Church" to which "every knee will bow, and every tongue confess", that their Jesus is god. With arrogance like that, it's not hard to understand the brazen egocentricity they regularly display.

    Replied on Friday, January 10, 2014 at 12:44pm
  19. With all the double downs I don’t know what is going on. Can’t we all just have equal rights?

    Posted on Friday, January 10, 2014 at 8:45am
  20. ASSHOLES!

    Posted on Friday, January 10, 2014 at 11:54am
  21. I think it’s time for a new Attorney General!

    Posted on Friday, January 10, 2014 at 1:19pm
  22. History will prove you wrong!

    Posted on Friday, January 10, 2014 at 1:23pm
  23. File away. It’s not gonna happen.

    Posted on Friday, January 10, 2014 at 1:49pm
  24. well that’s being pro government, NOT! Dude sit down and STFU and let the courts decide what is legal.

    Posted on Friday, January 10, 2014 at 2:37pm