A filing at the Supreme Court.
Mistie Tolman, left, cries as she gets a hug from friend Lisa Perry after she and her partner Karen McMillian, far right, were denied the opportunity for a marriage license inside the Ada County Courthouse in Boise, Idaho on Wednesday, Oct. 8, 2014.
KTVB 7
WASHINGTON — Same-sex couples should be allowed to marry in Idaho during any attempted appeal by the state of an appeals court ruling that the ban on such marriages is unconstitutional, lawyers for couples suing the state argued Thursday.
In a filing with Supreme Court Justice Anthony Kennedy, lawyers for the couples stated:
On Monday of this week, the Court denied seven petitions for writs of certiorari seeking review of judgments from three courts of appeals that together held that five States' prohibitions on marriages by same-sex couples violate those couples' Fourteenth Amendment rights. Absent any intervening development, there is no reason to believe that applicants' contemplated petition for a writ of certiorari—which, absent such a development, respondents plan to oppose—will meet any different fate.
On Wednesday morning, Idaho officials asked for the stay. In response, Kennedy granted a temporary stay while considering the state's request.
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