Same-sex marriage supporters gather on the steps of the Idaho Statehouse in Boise on Tuesday night May 13, 2014 after U.S. Magistrate Judge Candy Dale ruled earlier in the day that Idaho's ban on gay marriage is unconstitutional
Gay and lesbian couples in Idaho could start getting married as soon as Friday after a judge ruled the western state's ban on same-sex marriage is unconstitutional.
U.S. District Magistrate Judge Candy Dale wrote in her decision Tuesday evening that Idaho's laws barring same-sex marriage unconstitutionally deny gay and lesbian citizens their fundamental right to marry. Ten other federal district courts have issued similar rulings supporting gay marriage rights, many in conservative states.
Dale said the state must issue marriage licenses to same-sex couples starting at 9 am on Friday. Idaho, which has a large Mormon and evangelical Christian population, is one of the most conservative states in the U.S.
On Wednesday, the judge refused to put gay marriages on hold pending an appeal from the state's governor, saying Gov. C.L. "Butch" Otter's appeal isn't likely to succeed.
Gay marriage is legal in 17 states and the District of Columbia.
"The Plaintiffs are entitled to extraordinary remedies because of their extraordinary injuries," Dale wrote in her decision Tuesday, saying same-sex couples in Idaho have been denied the economic, emotional and spiritual benefits of marriage. "Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love."
Last year, the U.S. Supreme Court ruled that a law forbidding the federal government from recognizing same-sex marriages was unconstitutional, a decision that stopped short of declaring gay marriage legal across the country. Since then, lower-court judges have repeatedly cited the decision when striking down same-sex marriage bans that were enacted in many states after Massachusetts became the first state to recognize gay marriages in 2004.
Otter already has said he intends to appeal the ruling. He has cited the state's constitutional amendment banning same-sex marriage.
"In 2006, the people of Idaho exercised their fundamental right, reaffirming that marriage is the union of a man and a woman," he said in a statement. He said Tuesday's decision, "while disappointing, is a small setback in a long-term battle that will end at the U.S. Supreme Court."
Four Idaho couples in November filed the lawsuit against the governor and Ada County Clerk Chris Rich challenging the marriage ban. They are Sue Latta and Traci Ehlers; Lori and Sharene Watsen; Shelia Robertson and Andrea Altmayer; and Amber Beierle and Rachael Robertson.
Latta and Ehlers married in 2008 in California, and the Watsens married in 2011 in New York. Both couples have children and say Idaho wrongly treats Ehlers as a legal stranger to her grandchildren and requires Lori Watsen to obtain a new power of attorney every six months so she can have legal authority to consent to medical treatment for her son.
Beierle and Rachael Robertson said they would be back at the courthouse Friday morning to get a marriage license.
"The first person I called when I got the news was my mom, and she said, 'I'm so proud of you Amby,'" Beierle said, holding back tears.