Judge Candy Dale has concluded that voter-enacted laws banning same-sex marriage in Idaho is unconstitutional to gay and lesbian citizens under the 14th amendment.
Judge Candy Dale issued a permanent injunction against the enforcement of any Idaho law that prohibits same sex marriage or prevents recognition of existing, legal same-sex marriages in other states.
Unless a higher court stays the injunction, it will take effect at 9 a.m. on Friday, May 16.
The decision comes after four same-sex couples sued the state of Idaho challenging the constitutionality of a voter-enacted same-sex marriage ban.
Gov. Butch Otter responded after the ruling by explaining, “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.”
UPDATE: Idaho Attorney General Lawrence Wasden says he will consult with the governor on the state's appeal of a federal magistrate's ruling that the state's ban on same-sex marriage is unconstitutional.