"And The Walls Came Tumbling Down..."

November 8: Amber Beierle (left) and Rachael Robertson, pictured in their Boise home, have been together for three years and on Nov. 6 they asked Ada County for a marriage license. The clerk told them she could not fulfill the request as it was "contrary to code" and now they are suing to overturn Idaho's constitutional amendment barring same-sex marriage and civil unions. Robertson, who was raised in Kuna, ID, served in the Idaho National Guard, including a tour-of-duty in Kirkuk, Iraq. Beierle, who grew up in Caldwell, manages a state historical site. "We hit it off super-fast," said Robertson. "I fell in love instantly. I just thought [Amber] was the coolest thing ever." JOE JASZEWSKI

Federal Judge Rules Idaho Gay Marriage Ban Unconstitutional

Cynthia Sewell and Associated Press
May 13, 2014

BOISE — U.S. Magistrate Judge Candy Dale has ruled Idaho's ban on gay marriage is unconstitutional, opening the door for gay and lesbian couples to begin marrying as soon as Friday morning.

"This case asks a basic and enduring question about the essence of American government: Whether the will of the majority, based as it often is on sincere beliefs and democratic consensus, may trump the rights of a minority," the judge wrote in her 57-page decision.

Idaho's laws wrongly stigmatize gay and lesbian couples and relegate their families to second-class status without sufficient reason, Dale said.

"... Idaho’s Marriage Laws withhold from them a profound and personal choice, one that most can take for granted. By doing so, Idaho’s Marriage Laws deny same-sex couples the economic, practical, emotional, and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love," Dale wrote.

The court's injunction is effective 9 a.m. Friday, meaning couples can not get married at this point. Gov. Butch Otter filed a preemptive motion requesting an immediate stay should the state lose earlier on Monday. That motion is pending before the court.

"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," Otter said in a written statement.

Idaho Attorney General Lawrence Wasden said he would consult with the governor on the state's appeal.

Four Idaho couples in November filed the lawsuit against the governor and Ada County Clerk Chris Rich challenging the marriage ban. The couples are Sue Latta and Traci Ehlers; Lori and Sharene Watsen; Shelia Robertson and Andrea Altmayer; and Amber Beierle and Rachael Robertson.

Latta and Ehlers married in 2008 in California, and the Watsens married in 2011 in New York. Both couples have children and say Idaho wrongly treats Ehlers as a legal stranger to her grandchildren and requires Lori Watsen to obtain a new power of attorney every six months so she can have legal authority to consent to medical treatment for her son.

Their attorney, Deborah Ferguson, said the ruling recognized that the families are part of Idaho's community and that they deserved the same protections and respect as other families.

"The court's ruling is a victory not only for the courageous couples who brought this case, but for everyone who cares about freedom and fairness," Ferguson said in a statement.

Ada County Clerk Chris Rich said unless the court grants a stay or something else changes, his office will begin issuing marriage licenses to same-sex couples 9 a.m. Friday.

"I will the follow the judge's directive," he said.

More reaction

Evan Wolfson, president of Freedom to Marry: "Today's ruling from the federal court in Idaho is the latest in more than a dozen rulings unanimously holding marriage discrimination unconstitutional. From Idaho to Arkansas, Utah to Michigan, the courts are affirming that there is no good reason for government to deny marriage to committed couples. As gay couples and their families begin to share in the joy and security of the freedom to marry, hearts and minds are opening, discrimination's barriers are falling, and we're moving our country to the right side of history. As the federal appellate courts now take up these marriage cases, America is ready for the freedom to marry."

Monica Hopkins, Idaho ACLU executive director: "This is about fairness and equality. Idaho couples will now be able to access the over 1,000 civil rights and responsibilities that are accessed through the institution of marriage. Congratulations to all of them and all of us that Idaho is a state that stands up for fairness and equality."

Hopkins last day as ACLU director is Friday, the same day Idaho's same-sex marriage injunction goes into effect, barring a stay. She is leaving Idaho to lead the ACLU affiliate in Washington D.C.

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Another skirmish won, battles yet to be fought, but make no mistake, the war is won!

"Fear Eats the Soul"