GOV. BUTCH OTTER ASKS SCOTUS TO DELAY MARRIAGE CONSIDERATION UNTIL IT HEARS FROM IDAHO

Idaho Governor Butch Otter filed an amicus brief today asking the U.S. Supreme Court to delay consideration of same-sex marriage until it hears from Idaho as he believes the case would be the "best vehicle" by which the Court could resolve “the marriage-litigation wave in all respects," theSpokesman-Review reports:

Otter lists several reasons why he thinks Idaho’s case is the “best vehicle” for the whole same-sex marriage issue to be decided. Among them: Idaho’s includes both the question of in-state marriages and recognition of out-of-state marriages; it would test the 9th U.S. Circuit Court of Appeals’ application of a heightened standard of scrutiny for discrimination based on sexual orientation; it brings up religious liberty issues; and Idaho officials, unlike those in many states, have mounted a vigorous defense of their ban on gay marriage.

Otter’s legal brief cites “the enormous societal risks accompanying a genderless-marriage regime,” and says, “Common sense and a wealth of social-science data teach that children do best emotionally, socially, intellectually and economically when reared in an intact home by both biological parents.”

Attorneys Gene Schaerr and Tom Perry, lawyers for Otter, filed the brief in five marriage cases before the Supreme Court challenging rulings by the U.S. Appeals Court for the SixthCircuit (Idaho is in the Ninth Circuit).

SCOTUSblog's Lyle Denniston explains:

It was in that form because Idaho has not formally appealed to the Justices, while it awaits the rehearing plea it has pending at the Ninth Circuit.

Adding:

As of now, the Court has five pending cases on the same-sex marriage issue. Four are petitions challenging a ruling by the U.S. Court of Appeals for the Sixth Circuit, upholding marriage bans in four states (Michigan, Ohio, Tennessee, Kentucky). The fifth case is from Louisiana, seeking review of a federal judge’s ruling upholding a ban in that state. 

The Louisiana case is now scheduled for the Justices’ first look at the next Conference, on January 9, according to a scheduling note Wednesday on the Court’s electronic docket. That docket also indicated that the four petitions from the Sixth Circuit are being handled as a group, although they have not yet been distributed to the Justices. There is one more date on which the cases could be sent to the Justices for consideration on January 9: next Tuesday.

Otter wants the Court to wait for Idaho's appeal before deciding which cases to hear, and then add Idaho's case to the review process.

Idaho State Senator Steve Vick Proposes Banning All Marriage Licenses Now That Gays Can Marry

Following the 9th Circuit’s decision striking down Idaho’s constitutional amendment banning same sex marriage, Idaho state Senator Steve Vick (R) is proposing a solution to what he sees is a gross governmental overreach, Right Wing Watch reports.

“If we’re not allowed to determine the standards for a marriage license, then maybe we should just not issue them.” he explained to WorldNetDaily. “Another potential avenue that I’m exploring is just eliminating marriage licenses in Idaho.”

Vick went on to elaborate on his relatively extreme proposition, saying while he was only in the early stages of discussing it, he had found much interest at a number of local town halls.

Though Idaho Governor Butch Otter announced that he will comply with the 9th Circuit’s ruling earlier this month, he has made a point of stating that his office remains dedicated to the idea of traditional marriage. He has also filed a petition for the full 9th Circuit to re-hear the case challenging the state's gay marriage ban. 

“I continue to believe that the federal courts are mistaken in abandoning the sanctity of traditional marriage and in undermining the will of Idaho voters and each state’s right to define marriage,” he said in a statement. “We have done all we can through the courts for now to defend traditional marriage in Idaho.”

Sen. Vick echoed the Governor’s sentiment, but admitted that “these rulings will probably stand,” referring to the court’s refusal to hear appeals from other states in which judges dismissed constitutional amendment banning same-sex unions.

Meet Idaho's Most Outspoken Anti-Gay Bigots and Their Hateful Truck

Boise, Idaho-area couple Justin and Melanie Sease are driving around in a car painted with phrases like "HOMOSEXUALITY is a sin & a abomination", "Just Say NO to Gay Marriage", and "GOD'S NOT DEAD". They say they're speaking out for others who are afraid to do the same in light of the recent arrival of marriage equality in the state, and whine to KBOI that they're being ridiculed for it:

"We've had a few homosexual extremists who cuss us out and get very angry with us and threaten us."

Why are they on a crusade?

Says Justin, who claims he's "taking a stand for the Heavenly Father"

"We can never accept public homosexuality. It's wrong, and it's wrong in God's eyes first. He's very clear in the Bible. The Bible says that when homosexuality is publicly accepted, basically it spreads like a cancer....This is kind our little way of protesting the homosexual extremist movement..."

Said Melanie:

"If nobody else is going to do it, why not start doing it. Hopefully, other people will join us and follow us and do what we're doing.Most everyone who has seen our vehicles gives us a thumbs up, waves, smiles, or honks."

Idaho Arms Teachers; Teacher Shoots Himself In Foot On First Week Of Classes

This summer, Idaho’s legislature voted to allow teachers to bring firearms into classrooms in an attempt to dissuade school shootings. It was less than a week into this school year and an Idaho professor already accidentally shot himself in the foot in front of his students. The law doesn’t appear to be making things safer.

According to police, students at Idaho State University got a terrifying surprise when their professor, who was legally allowed to carry a concealed weapon as per the new law, accidentally discharged his weapon while it was in his pocket. Thankfully, no students were injured. Unfortunately for the professor, the bullet traveled straight into his foot. He was taken to the hospital and later released.

Students speaking with KIDK3 said that while no one other than the hapless professor was injured, they were concerned that the university didn’t bother to evacuate the building or even alert other students that there had been a shooting. After all, ISU had actually set up a messaging service which was supposed to alert students and faculty of dangers on campus – it wasn’t activated in the incident.

ISU officials defended their response by saying the shooting was an isolated one and didn’t warrant a notification.

“At this point it is believed to be an isolated incident,” Marketing and Communications Director Adrienne King told KIDK3. “We don’t have any reason to believe students or anybody else in our Bengal community has any reason to be concerned.”

So far, no criminal charges have been filed and police are treating it as an accident.

Idaho isn’t alone in pushing to arm its school teachers in the wake of shooting tragedies like at Sandy Hook elementary. They reason that if a shooter knows each classroom has a gun in it, he or she will think twice before entering the school. While commonsense may lead people to think that it could work, research has shown that it doesn’t.

Media Matters looked into it and found that even as arming teachers is becoming more popular, the support for that strategy is disintegrating:

Idaho Offers New Legal Argument For States’ Same-Sex Marriage Bans

Four couples challenged Idaho’s same-sex marriage ban in federal court today, asking a judge for the right to marry in that state. The state responded that it had a compelling interest to limit marriage to one man and one woman: the best interest of the children. Thomas Perry, the attorney representing  the state told the court:

“When you look at benefits, what more compelling interest does the state of Idaho have than securing an ideal child-rearing environment for future generations?”

As the state pressed its argument, Shelia Robertson held hands with partner Andrea Altmayer in the front row, crying silent tears:

“We have a 4-year-old son together,” Sheila explained after the hearing. “We’ve been together for 16 years, and it took us a long time, it was a very careful decision for us to have our boy. We love our boy. The fact that I don’t have any rights to him at all – it’s frightening every day.”

Sheila and Andrea are among the couples who sued Idaho after their applications for a marriage licenses were rejected last November. Two of the couples have since married in equality states, and are seeking recognition of their marriages.

Federal Judge Candy Dale (left) did not appear overly receptive to the state’s argument, reminding lawyers several times  that when heterosexual couples apply for marriage licenses in Idaho:

“They don’t have to submit anything to prove that they intend to have children.”

Deborah Ferguson, attorney for the four couples, responded to Mr. Perry’s argument:

Idaho Veteran Offers Burial Plot So Lesbian Vet Can Be Buried Next To Her Wife

Last week we reported on Madelynn Taylor (above), a 74-year-old U.S. Navy veteran from Boise, Idaho, after the Idaho Veterans Cemetery refused her request to be buried with her wife Jean Mixner, who died in 2012. Taylor, who served in the Navy for six years, says this is her home state and the only place she wants to be buried, next to her wife, whom she legally married in California in 2008.

Barry Johnson, a fellow veteran, heard about Taylor's story, and is offering her his burial plot.

Taylor writes in the Idaho Statesman:

As a lifelong Idahoan and a 27-year Army veteran of two wars, I've worked beside heterosexuals, gays, lesbians and bisexuals. I've really never wanted to hear about anybody's sex life or sexual preferences, one way or another. Besides, everybody more or less knew who is who regardless, and I don't recall anybody in the military ever saying a thing about it. Never.

Frankly, the only thing traumatic about the policy change for our armed forces of allowing gays to openly serve our country was all the media making a big deal about it. It didn't change a thing for any of us doing the job. Serving in uniform has always been about earning trust and has never been about sexuality.

Johnson says "the right word escapes [him]" for the injustice and discrimination Taylor is facing:

Then we have Madelynn Taylor, who seems like one heck of a lady. She cared for another person with all her heart and had to watch that person die. She is a veteran. She loves her country. She wants her partner by her side and she wants to eternally rest among veterans in the state she made home.  

Madelynn, you deserve that.

I'll tell you what. I will donate the plot I earned in the Idaho State Veterans Cemetery to you and Jean. I am happy to give my fellow veteran that small peace of mind. And I do it to honor all the great Americans I've served with along the way - gay, straight, whatever. (I don't know whether it is possible to donate my plot, but I am quite sincere about my willingness to do so.)

Read Johnson's full editorial HERE.

Idaho Won't Allow 74-Year-Old Gay Navy Veteran to Be Buried with Her Wife

Madelynn Taylor, a 74-year-old U.S. Navy veteran from Boise, Idaho, is speaking out after the Idaho Veterans Cemetery refused her request to be buried with her wife Jean Mixner, who died in 2012, KBOI reports:

She went to the Idaho Veterans Cemetery and asked officials to reserve a spot for interment, along with her partner's ashes. The cemetery allows spouses of veterans to be buried or interred with them.

They said no.

"I'm not surprised." Taylor said. "I've been discriminated against for 70 years, and they might as well discriminate against me in death as well as life."

A spokesperson with the Division of Veterans Services told KBOI 2News that they "have to abide by the Idaho state constitution," which only recognizes marriage between a man and a woman.

"I don't see where the ashes of a couple old lesbians is going to hurt anyone," Taylor said.

Taylor, who served in the Navy for six years, says this is her home state and the only place she wants to be buried, next to her wife, whom she legally married in California in 2008.

Gay Former State Senator Hides in Idaho Senate Closet for Hours in Equal Rights Protest

LeFavour at an earlier demonstration.

For weeks we've been reporting on the arrests of activists at the Idaho state house demanding that lawmakers add sexual orientation and gender identity to the state's Human Rights Act.

Yesterday, gay former state Senator Nicole LeFavour was discovered in a Senate coat closet where she had been "for between five and six hours," the Spokesman Review reports:

“It’s a very large closet,” she said. “There are lots of people in closets out there, and they’re not comfortable.”

Senate Majority Leader Bart Davis, R-Idaho Falls, said the Senate was at ease when LeFavour was discovered late Tuesday afternoon by staffers looking for some items in the closet.

“I have no idea how long she was there,” Davis said.

Senate President Pro-Tem Brent Hill, R-Rexburg, asked LeFavour to leave.

“It seemed to me that there was some initial reluctance, but there was compliance,” Davis said.

Said LeFavour to the Spokesman Review: "Closets are never safe for gay or transgender people."

LeFavour wrote on Facebook earlier today:

What do you say or do when you've tried everything? What do you say when compassion and reason seem to have failed, when nothing will make the powerful stop and hear the stories an entire state has to tell? Pat Trumam sang and we cried last night, with the thought of the loss we could not stop, the fear we can't make them see, the beautiful lives they will not stand for. But we stand with love for all out there who wait in silence. We are not just gay or bisexual or transgender but are strong with the passion of men and women who stepped up this year just because discrimination is unacceptable to them and because they know it's time our state change.

...I am ashamed to be a member of a legislative body that would for nine years not take a public vote or public testimony on a bill to end discrimination against gay and transgender people -- but which will take the state's time to vote publicly to deny me floor privileges because I walked into an open closet off a typically unused senate lounge and sat down. You prefer to focus on anything but the devastating stories of loss, fear, violence and discrimination gay & transgender people still face in our state.

Police Arrest 44 LGBT Activists in Protest at Idaho Senate Chamber

Police arrested 44 LGBT activists including former state Senator Nicole LeFavour as they demanded inclusion in the state's anti-discrimination laws, the Statesman reports:

“We are here to insist the Idaho Legislature finally add four words, 'sexual orientation' and 'gender identity,' to Idaho’s Human Rights Act to prevent the suicides, beatings, loss of jobs, evictions and the fear that too many gay and transgender Idahoans live with every day," the group said in a news release. "We do this for those who live in fear and those who may despair this year if no one speaks for them."

Various figures were given throughout Monday for how many protesters were involved, but Idaho State Police said they arrested 44 people and cited each for trespassing.

The last arrest came after 11 a.m., when former state Sen. Nicole LeFavour, D-Boise, was taken into custody after the Senate voted to suspend its rule that allows former members to be on the Senate floor.

Protesters wore 'Add the Words IDAHO' t-shirts and covered their mouths with their hands.

Idaho GOP Official Wants LGBT Anti-Bias Ordinances Invalidated So Gays Won't Come to Work in Tutus

The Republican Party of Idaho is not happy that a growing number of municipalities have banned discrimination against gay people and have passed a resolution urging the legislature to invalidate them, the Spokesman Review reports:

Six Idaho cities have passed such non-discrimination ordinances in the past year and a half, and a seventh, Idaho Falls, is looking into one now; the Idaho GOP wants them halted.

The party central committee’s resolution isn’t binding on the Legislature, which is 81 percent Republican. “It’s a way for the people to make their expressions known to the Legislature,” said Idaho Republican Chairman Barry Peterson. “We let ‘em know that this is the way that the majority of the party feels.”

And to give you an example of the kind of archaic stereotypes their bigotry is based on you don't have to read too far:

Cornel Rasor (pictured), a former Bonner County commissioner and chairman of the Idaho GOP’s resolutions committee, said, “I’d hire a gay guy if I thought he was a good worker. But if he comes into work in a tutu … he’s not producing what I want in my office.” ...

“If a guy has a particular predilection and keeps it to himself, that’s fine,” Rasor said. “But if he wants to use my business as a platform for his lifestyle, why should I have to subsidize that? And that’s what these anti-discrimination laws do.”

I think someone forgot the Supreme Court declared sodomy laws unconstitutional 10 years ago!

Ben Wolfinger, the sheriff of Idaho's Kootenai County, says he may drop the Department's Boy Scouts of America charter because in dropping the ban on gay scouts the organization is promoting a lifestyle that is against state law, Coeur d'Alene Press reports:

"It would be inappropriate for the sheriff's office to sponsor an organization that is promoting a lifestyle that is in violation of state law," Sheriff Ben Wolfinger said.

Sodomy is against the law in Idaho, he added.

"I have talked with Chris Peterson about this and sent him a copy of the law," Wolfinger said.

Peterson, who works in the Hayden office of the Inland Northwest Council of Boy Scouts, could not be reached for comment on Friday, and Tim McCandless, CEO of the Inland Northwest Council, said he wanted to talk with the sheriff before commenting specifically to his concerns.

"I would encourage you to read the resolution that was passed, however." McCandless said. "Sodomy is not allowed in scouting and is not an issue in this discussion."

Somebody's been listening to too much Bryan Fischer.