After ruling Tuesday that Idaho's same-sex marriage ban violates the U.S. Constitution, U.S. District Judge Candy Dale wrote today that she would not put the marriage rights of same-sex couples in the state on hold while her decision is appealed.
Idaho governor Butch Otter filed a preemptive motion to have Judge Dale stay her ruling, in order to allow for appeals. The motion said Otter will bring the appeal to the Ninth Circuit Court of Appeals and possibly the U.S. Supreme Court.
However, Dale said Wednesday the state must start issuing marriage licenses Friday morning, the Associated Press reports.
Dale ruled on a suit brought by four lesbian couples and argued in court May 5. Attorney Deborah Ferguson, representing the couples, said the state's ban violates the U.S. Constitution, while Idaho deputy attorney general Scott Zanzig and Otter’s attorney, Thomas Perry, said the ban was necessary to protect children. They also said overturning the ban would violate voters' rights.