The 9th Circuit Court of Appeals has lifted the stay order blocking same-sex marriage in Idaho. The order, issued Monday, states the stay will dissolve Wednesday at 9 a.m., clearing the way for gay marriage to resume in Idaho in two days.
The order posted online during the Columbus Day holiday closure of the courts, was signed by Judges Stephen Reinhardt, Ronald Gould and Marsha Berzon, the original panel that heard the case.
In papers filed Monday, Idaho Attorney General Lawrence Wasden dropped his opposition to lifting the stay. Gov. Butch Otter did not.
The court acted before the lawyers for the four Idaho lesbian couples who sued could even file papers.
Otter had originally argued that allowing same-sex marriage would harm children, who benefit from heterosexual, two-parent families.
Idaho has had a law banning same-sex marriage since 1996 and refused to recognize gay marriages from other states. In 2006, it added the ban to its state Constitution.
Case: Latta v. Otter, No. 14-35420
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