BOISE, Idaho - Idaho officials say they will ask the 9th U.S. Circuit Court of Appeals for an emergency stay while they fight a federal judge's decision to allow same-sex marriages in the state starting on Friday.
U.S. District Magistrate Judge Candy Dale overturned Idaho's ban on same-sex marriages Tuesday, and on Wednesday she refused to put pending marriages on hold while Gov. C.L. "Butch" Otter and Attorney General Lawrence Wasden appeal.
Matrimonial law expert Seymour Reisman said the appellate court is likely to issue the stay, and the U.S. Supreme Court is almost certain to take up the matter. Former state Sen. Nicole LeFavor says gay couples would still be open to housing and employment discrimination because they are not covered by Idaho's Human Rights Act.
The Idaho Republican Party issued a statement reaffirming the organization's stance against same-sex marriage.
However, despite attempts to stop it from happening, gay couples in the Gem State are hoping to get married legally starting this Friday at 9 a.m. One of those couples is Rebecca Rod and Theresa Beaver who, after 23 years, are still madly in love.
It all started at Rebecca's pottery show.
"That's kind of how it began, just hit it off right away," she said.
While they've together more than twenty years they're looking forward to becoming newlyweds.
"We're just so excited and really moved," they said.
On Friday the Moscow couple plan to get married in Idaho.
"I had always said that it would never happen in my lifetime in Idaho; Idaho is a little behind the times," Theresa said.
"When you live in a state that can be so repressive in these kinds of issues, your hope gets squashed. This couldn't have been a better ruling," she added.
The couple has been married before in California and Canada and had a ceremony in Idaho but none of those were legal.
"We just took this attitude, well if we can't get married here then we are going to go and do it as we can," Theresa said. "It's only right that we have the same rights and privileges and benefits."