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Judge rules Idaho same-sex ban unconstitutional

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Photo: Video by IdahoOnYourSide.com

Judge rules Idaho same-sex ban unconstitutional

By On Your Side newsroom and The Associated Press. CREATED May 13, 2014

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.