BOISE As several states across the country continue to fight to defend their state's constitutional ban on same-sex marriage, we are likely one step closer to the United States Supreme Court ruling on this matter once and for all.
On Wednesday, the 10th Circuit Court of Appeals ruled that Utah's ban on same-sex marriage is unconstitutional. Utah's attorney general plans to appeal to the U.S. Supreme Court.
Idaho s attorney general says the impact on Idaho all comes down to timing. If the Supreme Court waits to take up Utah's case, then the impact won't be significant. But if it does take up the case before Idaho's get's there, then the impact will be significant.
With Wednesday's ruling in the 10th Circuit Court of Appeals, Utah becomes the first state to be in a position to take the fight over the ban of same-sex marriage all the way to the U.S. Supreme Court.
There are currently 12 states across the country in varying stages of the legal process after a judge ruled their ban on same-sex marriage was unconstitutional.
Nineteen states now allow same-sex marriage.
Idaho Attorney General Lawrence Wasden is monitoring these cases all over the country.
It doesn't directly affect our case so we're going to continue to litigate our case and ultimately, my view is, the United States Supreme Court is going to have to answer this question, said Wasden.
The question at hand is: can states define who can and who cannot marry? Allowing the institution to some, while denying it to others.
Wasden's job, defend Idaho's Constitution which currently defines marriage as being between one man and one woman.
Wasden says what happened with Utah's case doesn't directly impact Idaho's case because they are in different circuits.
The question here is simply one of timing, and that is if the United States Supreme Court takes Utah's case it can decide that case on its own and it can make a determination of whether a state's definition of marriage violates the United States Constitutional provisions. If that were what the court decided, then that would have precedential value across the board and our case would essentially come to a close, said Wasden.
But if that doesn't happen, Wasden will continue with Idaho's case as normal.
I think we've presented a strong legal argument. I don't have any control over whether the United States Supreme Court takes Utah's case or not and so we're going to have to continue to proceed forward, and what's going to happen is going to happen, said Wasden.