Same-sex marriage debate sparks local interest
Moscow resident Tabitha Simmons and her partner Kathy Sprague made their way to the Latah County Courthouse Wednesday morning with the hopes of obtaining a marriage license — a feat they had been waiting to do for a quarter century.
Nathan Romans | Argonaut
In opposition to Gov. C.L. “Butch” Otter’s stance on same-sex marriage, people gathered at 8:30 P.M. Wednesday in Friendship Square to express their dissatisfaction.
Simmons said when the 9th Circuit Court of Appeals struck down Idaho’s same-sex marriage ban Tuesday, it was a victory for Idaho same-sex couples. However, she was later disappointed as she and her partner were turned away at the courthouse trying to obtain a marriage license, along with approximately 25 other same-sex couples.
The County Clerk’s office was notified that Idaho Gov. C.L. “Butch” Otter’s emergency stay had been granted by U.S. Supreme Court Associate Justice Anthony Kennedy Wednesday morning — 20 minutes before the state was supposed to begin issuing marriage licenses to same-sex couples.
“When I wasn’t issued a marriage license, I knew I must be issued a ballot,” Simmons said.
The Moscow LGBTQ community, which Inland Oasis Vice President Gordon Mellott calls tight-knit, reacted immediately. Mellott and Sprague, along with Jake Bauer of Moscow, organized a human rights rally in response to the granted stay. About 50 people gathered in Friendship Square Wednesday night to light candles, share stories and say prayers.
Mellott said while the rally was important to show elected officials the community is still fighting for marriage equality, it also served as a reminder that the fight was ongoing.
“It’s discouraging,” Mellott said. “But tonight we showed that even though this was taken away from us again, you’re still
Nathan Romans | Argonaut
Allaena Draney is interviewed after the Marriage Equality Rally Wednesday at Friendship square in downtown Moscow.
valid, and these people still love you.”
Mellott said he remains optimistic at the prospect of Idaho’s same-sex marriage ban dissolving, and according to UI law professor Elizabeth Brandt, it’s with good reason. Brandt said it’s not a matter of if marriage equality will happen in Idaho — it’s when.
“These events are incredible,” Brandt said. “The pace of change has been incredibly quick — who would have predicted 10 years ago we’d look at marriage in so many states? Today, it’s completely changing the legal landscape in this area.”
According to Rev. Elizabeth Stevens of the Universalist Unitarian Church of the Palouse, there are about 1,100 benefits couples receive once they’re issued a marriage license.
“You’re talking about everything,” Brandt said. “Whether someone gets to be the legal parent of their child, whether someone gets to consent to end of life medical care for their spouse, whether a co-parent who isn’t a biological parent can travel internationally with their child or have access to school records — it’s a huge every day function in the real world, and that will happen once we recognize marriage.”
As sure as Brandt is that Idaho will one day lift its same-sex marriage ban, she’s not certain the legal battle will end over the weekend — her guess is that it will take a few more months.
According to UI constitutional law professor Shaakirrah Sanders, Justice Kennedy, who has led the fight for marriage equality within the Supreme Court, likely granted Otter’s request to follow procedure.
“The stay is to provide predictability, and to ensure the integrity of the judicial system, which is good for the public,” Sanders said. “If the rules are uniformly followed, it won’t feel like there are any preferences given, or like the Supreme Court is forcing Idaho to do something it doesn’t want to prematurely.”
Nathan Romans | Argonaut
Gordon Mellott and Rob Rhodes at the Marriage Equality Rally
Nevada, whose ban was struck down with Idaho’s in Tuesday’s ruling, plans to allow same-sex couples to get married, Sanders said.
Attorneys representing Otter, the Idaho attorney general and the plaintiffs in the case had until 5 p.m. Thursday to present their arguments to the Supreme Court. The court can then make the decision whether to hear the case, lift the stay or let it expire. If the stay expires, Tuesday’s decision will go into effect and Idaho’s same-sex marriage ban will be lifted.
Simmons and Sprague, who have always said they would wait for the day they could get married in Latah County, eagerly await the impending decision.
“One day, sooner than any of our legislators would like, we may visit the courthouse again,” Simmons said.
Hannah Shirley can be reached at [email protected]