POLITICS
10/08/2014 10:03 am ET Updated Oct 08, 2014

Idaho Files Motion To Recall Mandate Allowing Same-Sex Marriages To Begin

The state of Idaho has filed a motion to recall the mandate allowing same-sex marriages to begin immediately in the state.

KTVB reported Idaho Attorney General Lawrence Wasden's office confirmed the emergency motion Wednesday morning. According to the Idaho Statesman, Thomas C. Perry, counsel for the governor, wrote in Wednesday morning's filings that the state is prepared to take the matter to the U.S. Supreme Court.

Supreme Court Justice Anthony Kennedy entered a temporary stay against gay marriages in Idaho, asking the opposing side to file a reply by Thursday at 5 p.m.

A federal appeals court declared gay marriage legal in both Idaho and Nevada on Tuesday.

Below, more from the AP on the 9th U.S. Circuit Court of Appeals' ruling:

Judge Stephen Reinhardt wrote for a unanimous three-judge panel that laws that treat people differently based on sexual orientation are unconstitutional unless there is a compelling government interest. He wrote that neither Idaho nor Nevada offered any legitimate reasons to discriminate against gay couples.

"Idaho and Nevada's marriage laws, by preventing same-sex couples from marrying and refusing to recognize same-sex marriages celebrated elsewhere, impose profound legal, financial, social and psychic harms on numerous citizens of those states," Reinhardt wrote.

He rejected the argument that same-sex marriages will devalue traditional marriage, leading to more out-of-wedlock births.

"This proposition reflects a crass and callous view of parental love and the parental bond that is not worthy of response," Reinhardt wrote. "We reject it out of hand."

The appeals court panel did not rule on a similar case in Hawaii, which legalized gay marriage in December. Hawaii's governor had asked the court to toss out a lawsuit challenging the state's ban and an appeal to the 9th Circuit filed before Hawaii lawmakers legalized same-sex marriage.

All three judges on the panel were appointed by Democratic presidents. President Bill Clinton appointed Judges Marsha Berzon and Ronald Gould. President Jimmy Carter appointed Reinhardt.

The court also has jurisdiction in three other states that still have marriage bans in place: Alaska, Arizona and Montana. Lawsuits challenging bans in those states are still pending in lower courts and have not reached the 9th Circuit.

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