Anthony Kennedy Cockblocks Marriage Equality In Idaho
Idaho and Nevada almost got in on America's Great Big Gay Hug for a little while there, as the 9th Circuit Court ruled yesterday that those states' bans on marriage equality were just too stupid for words.
But hold on just a damn minute, you gays standing in line at the county courthouse in Boise! Supreme Court Justice Anthony Kennedy has heard the anguished cries of Idaho Gov. CL "Butch" Otter and Attorney General Lawrence Wasden, who filed an emergency request for a stay on the ruling:
The brief order issued by the court said that gay marriage supporters should file a response to the state's emergency request by 5 p.m. EDT on Thursday. The court will then decide whether to issue a more permanent stay. In the meantime, gay marriages in Idaho will not be able to proceed.
The filing by the state said that officials have also asked the San Francisco-based 9th U.S. Circuit Court of Appeals to place its Tuesday ruling on hold while litigation continues.
Well, that sure sucks. Nevada gets to go ahead and get married, while Idaho has to sit back and wait? Given the 9th Circuit's ruling already, which was preceded by the Supremes' decision Monday, it seems unlikely that the outcome will be any different, but now Gov. Otter has one more line for a re-election ad, at least. His Democratic challenger doesn't have a chance, but wingnuts might have stayed home if Otter didn't make a big show of how much he's going to keep the gays down and save the traditional family, so that's a factor.
The Idaho Statesman reports the scene at the Ada County Courthouse in Boise:
About 100 people gathered in the plaza outside the courthouse to lament Kennedy's stay and vowing to continue pressing their fight. Same-sex marriage supporters came to the courthouse with cake, expecting to celebrate issuance of the first marriage licenses to gay couples, but the mood became less celebratory after county employees notified the crowd of Kennedy's action and handed out copiers of his order.
The emergency petition claimed that allowing people to get married if they possess the wrong combination of genitalia would destroy Idaho and the rule of law:
"Each same-sex marriage performed will be contrary to the interests of the state and its citizens in being able to define marriage through ordinary democratic channels," wrote Thomas C. Perry, counsel for the governor, in one of three filings this morning.
In conclusion, goddamn Idaho is being Idaho, but that's no reason to assume it will always be so insufferably Idaho, the end.
Update: Justice Kennedy issueda revised order on Wednesday to clarify that his stay applies only to Idaho. Because Supreme Courting is hard, and Kennedy got himself all confused with the case numbers, apparently. Typical man. Nevada didn't even bother asking him to please stop the gay marriage; it's too busy doing all the gay marriage.
I remember when 'property' was defined in such a way to include "other people." Seems like we moved past that terrible "majority" definition, and we did it using the courts, and we're all better for it.
Get the fuck out of the way of making the Union more perfect, Justice Kennedy. You've got Otter-shit all over your robe.
I just love her. In fact I feel somewhat guilty when I damn this SCOTUS to hell, since she is on it . . . but it takes too much punch out of a really good curse to say/type "May all the demons of hell infest the scruffy undergarments of the Supreme Court - except Her Excellence, the Notorious RBG!"