Idaho AG motions to dismiss same-sex marriage case

Idaho AG motions to dismiss same-sex marriage case

Idaho AG motions to dismiss same-sex marriage case

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by Associated Press

KTVB.COM

Posted on January 9, 2014 at 7:48 PM

BOISE -- Idaho Attorney General Lawrence Wasden has moved to dismiss a lawsuit challenging the state's voter-approved same-sex marriage ban.

Wasden filed a motion as a representative of Ada County Clerk Chris Rich.

In November, four couples challenged Idaho's gay marriage ban with a lawsuit in U.S. District Court against Gov. C.L. "Butch" Otter and Rich, saying Idaho's 2006 voter-backed law banning gay marriage violates the U.S. Constitution's equal protection and due process guarantees.

In his dismissal motion, Wasden argues that courts haven't ruled that same-sex marriage is a fundamental right and Idaho's ban does not violate the women's rights. Wasden also argues that the recent Supreme Court decision on the Defense of Marriage Act allows for states to define marriage.

Wasden is attempting to intervene in the case as well, but the federal judge has not ruled on that motion.

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