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Case Name Latta v. Otter PB-ID-0001
Docket / Court 1:13-cv-00482-CWD ( D. Idaho )
State/Territory Idaho
Case Type(s) Public Benefits / Government Services
Special Collection Same-Sex Marriage
Attorney Organization National Center for Lesbian Rights
Case Summary
On November 8, 2013, four same-sex couples from Idaho filed a lawsuit in the United States District Court or the District of Idaho under 42 U.S.C. § 1983 against the state of Idaho. The plaintiffs, represented by both private and public interest attorneys, asked the court to declare that Idaho ... read more >
On November 8, 2013, four same-sex couples from Idaho filed a lawsuit in the United States District Court or the District of Idaho under 42 U.S.C. § 1983 against the state of Idaho. The plaintiffs, represented by both private and public interest attorneys, asked the court to declare that Idaho laws banning same-sex marriage are in violation of the Constitution, to enjoin enforcement of these laws, and to require that the defendants issue marriage permits to same-sex couples and recognize same-sex marriages of other states.

Specifically, the plaintiffs claimed that Idaho's ban on same-sex marriage and on recognition of same-sex marriages celebrated in other states deprives them of their Due Process rights under the Fourteenth Amendment to the United States Constitution, and that the ban on same-sex marriage violated their Equal Protection rights, constituting sexual orientation and gender discrimination.

On January 28, 2014, the Court granted the state's motion to intervene, citing Idaho's strong interest in the case. On May 13, 2014, the Court (Judge Candy Wagahoff Dale) granted the plaintiffs' motion for summary judgment and denied the defendants' motions for summary judgment and motions to dismiss. In its opinion, the Court declared that Idaho's marriage laws are unconstitutional and permanently enjoined the State of Idaho from enforcing any laws or regulations that do not recognize same-sex marriages validly contracted outside Idaho or prohibit same-sex couples from marrying in Idaho. Latta v. Otter, 2014 WL 1909999 (D. Idaho 2014).

The defendants appealed to the United States Court of Appeals (USCA). On May 15, 2014, the USCA granted a stay of the district court's injunction against enforcement of the same-sex marriage ban pending appeal.

On Oct. 7, 2014, a panel of the U.S. Court of Appeals for the Ninth Circuit (Judges Reinhardt, Berzon, and Gould) affirmed the district court's decision. 2014 WL 4977682. The court applied heightened scrutiny, and determined that the state had failed to identify any legitimate purpose for the same-sex marriage bans. In the same opinion, the court reversed the judgment in Sevcik v. Sandoval , a Nevada same-sex marriage case in which the district court had upheld the state's marriage ban. That same day, the court issued an order instructing that both lower courts promptly issue a permanent injunction enjoining the states from enforcing any same-sex marriage ban.

The next day, the state petitioned Justice Anthony Kennedy, the circuit justice for the 9th Circuit, for an emergency stay of the order. Justice Kennedy initially ordered the stay, but then reversed himself later in the day: The emergency stay would remain in effect for Nevada, but not for Idaho. 2014 WL 5025970. On Oct. 10, 2014, the Supreme Court officially denied the state's request for a stay and vacated Justice Kennedy's previous orders.

On Oct. 13, 2014, the Ninth Circuit granted the Plaintiffs' motion to dissolve the stay.

Megan Dolan - 06/10/2014
Andrew Junker - 10/16/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Sex discrimination
Sexual orientatation
General
Gay/lesbian/transgender
Marriage
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of Idaho
Plaintiff Description Four same-sex couples from Idaho. Two pairs of this group have out-of-state marriages and two pairs do not.
Indexed Lawyer Organizations National Center for Lesbian Rights
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
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Case Studies Limited Partnership
http://www.limitedpartnershipmovie.com/
By: Thomas G. Miller
[ Detail ] [ External Link ]

  United States Government says L.A. Gay Couple’s 1975 Marriage is Valid
The Pride L.A.
Written: Jun. 07, 2016
By: Troy Masters
[ Detail ] [ External Link ]

Docket(s)
1:13-cv-00482-CWD (D. Idaho) 10/16/2014
PB-ID-0001-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief 11/08/2013
PB-ID-0001-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order [allowing the state of Idaho to intervene] 01/21/2014 (D. Idaho)
PB-ID-0001-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief 01/29/2014
PB-ID-0001-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum Decision and Order 05/13/2014 (19 F.Supp.3d 1054) (D. Idaho)
PB-ID-0001-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judgment 05/13/2014 (D. Idaho)
PB-ID-0001-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion 10/07/2014 (771 F.3d 456)
PB-ID-0001-0007.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Emergency Application for a Stay of the 9th Cir. Mandate 10/08/2014
PB-ID-0001-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stay Order [initial Justice Kennedy order staying 9th Cir. mandate] 10/08/2014
PB-ID-0001-0009.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stay removal [Justice Kennedy's reversal of his own order staying the 9th Cir. mandate] 10/08/2014 (135 S.Ct. 345)
PB-ID-0001-0010.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion re Order [Dissolving the Stay of the District Court] 10/15/2014 (771 F.3d 496)
PB-ID-0001-0011.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 01/19/2015 (779 F.3d 902)
PB-ID-0001-0012.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Berzon, Marsha Siegel (Ninth Circuit)
PB-ID-0001-0011 | PB-ID-0001-0012
Dale, Candy W. (D. Idaho) [Magistrate]
PB-ID-0001-0002 | PB-ID-0001-0003 | PB-ID-0001-0004 | PB-ID-0001-9000
Gould, Ronald Murray (Ninth Circuit)
PB-ID-0001-0011 | PB-ID-0001-0012
Kennedy, Anthony McLeod (SCOTUS, Ninth Circuit)
PB-ID-0001-0009 | PB-ID-0001-0010
Reinhardt, Stephen Roy (Ninth Circuit)
PB-ID-0001-0007 | PB-ID-0001-0011 | PB-ID-0001-0012
Monitors/Masters None on record
Plaintiff's Lawyers Durham, Craig (Idaho)
PB-ID-0001-0001 | PB-ID-0001-0005 | PB-ID-0001-9000
Ferguson, Deborah A (Idaho)
PB-ID-0001-0001 | PB-ID-0001-0005 | PB-ID-0001-9000
Minter, Shannon (California)
PB-ID-0001-0001 | PB-ID-0001-0005 | PB-ID-0001-9000
Stoll, Christopher Francis (California)
PB-ID-0001-0001 | PB-ID-0001-0005 | PB-ID-0001-9000
Defendant's Lawyers Argyle, Theodore E (Idaho)
PB-ID-0001-9000
Bower, Daniel W. (Idaho)
PB-ID-0001-9000
Connelly, Kenneth J (Arizona)
PB-ID-0001-9000
Olsen, Steven Lamar (Idaho)
PB-ID-0001-9000
Perry, Thomas C (Idaho)
PB-ID-0001-0008 | PB-ID-0001-9000
Smith, Clay R (Idaho)
PB-ID-0001-9000
Stewart, Monte N. (Idaho)
PB-ID-0001-0008 | PB-ID-0001-9000
Williams, Matthew (Idaho)
PB-ID-0001-9000
Younger, Cally Ann (Idaho)
PB-ID-0001-9000
Zanzig, W Scott (Idaho)
PB-ID-0001-9000
Other Lawyers Schaerr, Gene C. (District of Columbia)
PB-ID-0001-0008

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