Case: Latta v. Otter

1:13-cv-00482 | U.S. District Court for the District of Idaho

Filed Date: Nov. 8, 2013

Closed Date: 2015

Clearinghouse coding complete

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 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-s…

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

Meanwhile, the defendants appealed to the Supreme Court, but the Supreme Court denied certiorari on June 30, 2015, four days after ruling same-sex marriage prohibitions were unconstitutional in Obergefell v. Hodges.

On December 19, 2014, the district court awarded the plaintiffs $401,663.08 in attorney fees and costs, and an additional $226,890.85 on Aug. 3, 2015.

The case is now closed.

Summary Authors

Megan Dolan (6/10/2014)

Andrew Junker (10/16/2014)

Virginia Weeks (2/18/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4247489/parties/latta-v-otter/


Judge(s)

Dale, Candy W. (Idaho)

Gould, Ronald Murray (Washington)

Kennedy, Anthony McLeod (District of Columbia)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Minter, Shannon (California)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Argyle, Theodore E (Idaho)

Bower, Daniel W. (Idaho)

Judge(s)

Dale, Candy W. (Idaho)

Gould, Ronald Murray (Washington)

Kennedy, Anthony McLeod (District of Columbia)

Reinhardt, Stephen Roy (California)

Attorneys(s) for Plaintiff

Durham, Craig (Idaho)

Ferguson, Deborah A (Idaho)

Minter, Shannon (California)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Argyle, Theodore E (Idaho)

Bower, Daniel W. (Idaho)

Connelly, Kenneth J (Arizona)

Olsen, Steven Lamar (Idaho)

Perry, Thomas C (Idaho)

Smith, Clay R (Idaho)

Stewart, Monte N. (Idaho)

Williams, Matthew (Idaho)

Younger, Cally Ann (Idaho)

Zanzig, W Scott (Idaho)

Other Attorney(s)

Schaerr, Gene C. (District of Columbia)

Expert/Monitor/Master

Berzon, Marsha Siegel (California)

Documents in the Clearinghouse

Document

1:13-cv-00482

Docket [Pacer]

Aug. 3, 2015

Aug. 3, 2015

Docket
1

1:13-cv-00482

Complaint for Declaratory and Injunctive Relief

Nov. 8, 2013

Nov. 8, 2013

Complaint
38

1:13-cv-00482

0:14-35420

0:14-35421

Order [allowing the state of Idaho to intervene]

Jan. 21, 2014

Jan. 21, 2014

Order/Opinion
42

1:13-cv-00482

0:14-35420

0:14-35421

First Amended Complaint for Declaratory and Injunctive Relief

Jan. 29, 2014

Jan. 29, 2014

Complaint
98

1:13-cv-00482

Memorandum Decision and Order

19 F.Supp.3d 1054

May 13, 2014

May 13, 2014

Order/Opinion
101

1:13-cv-00482

0:14-35420

0:14-35421

Judgment

May 13, 2014

May 13, 2014

Order/Opinion
180-1

1:13-cv-00482

0:14-35420

Opinion

U. S. Court of Appeals for the Ninth Circuit

771 F.3d 456

Oct. 7, 2014

Oct. 7, 2014

Order/Opinion
188

1:13-cv-00482

0:14-35420

Stay removal [Justice Kennedy's reversal of his own order staying the 9th Cir. mandate]

Otter v. Latta

Supreme Court of the United States

135 S.Ct. 345

Oct. 8, 2014

Oct. 8, 2014

Order/Opinion
187

1:13-cv-00482

0:14-35420

Stay Order [initial Justice Kennedy order staying 9th Cir. mandate]

Otter v. Latta

Supreme Court of the United States

135 S.Ct. 344

Oct. 8, 2014

Oct. 8, 2014

Order/Opinion

1:13-cv-00482

0:14-35420

Emergency Application for a Stay of the 9th Cir. Mandate

Otter v. Latta

Supreme Court of the United States

Oct. 8, 2014

Oct. 8, 2014

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4247489/latta-v-otter/

Last updated Aug. 7, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0976-1082349.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Defendant Otter, # 3 Summons Defendant Rich)(Ferguson, Deborah)

1 Cover Sheet

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2 Summons Defendant Otter

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3 Summons Defendant Rich

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Nov. 8, 2013

Nov. 8, 2013

RECAP
2

MOTION FOR PRO HAC VICE APPEARANCE by Shannon P. Minter. ( Filing fee $ 225 receipt number 0976-1082369.)Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 12/2/2013 (Ferguson, Deborah)

Nov. 8, 2013

Nov. 8, 2013

PACER
3

MOTION FOR PRO HAC VICE APPEARANCE by Christopher F. Stoll. ( Filing fee $ 225 receipt number 0976-1082372.)Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 12/2/2013 (Ferguson, Deborah)

Nov. 8, 2013

Nov. 8, 2013

PACER
4

Corporate Disclosure Statement by Susan Latta. (Ferguson, Deborah)

Nov. 8, 2013

Nov. 8, 2013

PACER
5

DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Shannon Minter for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, for Lori Watsen, Sharene Watsen; approving 3 Motion for Pro Hac Vice Appearance of attorney Christopher F Stoll for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Nov. 8, 2013

Nov. 8, 2013

PACER
6

Summons Issued as to C.L. (Butch) Otter, Christopher Rich. (Print attached Summons for service.) (Attachments: # 1 Summons)(cjm)

1 Summons

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Nov. 8, 2013

Nov. 8, 2013

PACER
7

SUMMONS Returned Executed by Susan Latta. C.L. (Butch) Otter served on 11/12/2013, answer due 12/3/2013. (Ferguson, Deborah)

Nov. 12, 2013

Nov. 12, 2013

PACER
8

SUMMONS Returned Executed by Susan Latta. Christopher Rich served on 11/12/2013, answer due 12/3/2013. (Ferguson, Deborah)

Nov. 12, 2013

Nov. 12, 2013

PACER

CORRECTIVE ENTRY - The entry docket number 7 Summons Returned Executed filed by Susan Latta was filed incorrectly in this case as it is a blank document. The filing party shall re-submit their correct filing using the event of "Errata" located under Other Documents and link to docket #7.(cjm)

Nov. 12, 2013

Nov. 12, 2013

PACER
9

ERRATA by Plaintiff Susan Latta re 7 Summons Returned Executed C.L. (Butch) Otter served on 11/12/2013. (Ferguson, Deborah)

Nov. 13, 2013

Nov. 13, 2013

PACER
10

NOTICE of Appearance by Theodore E Argyle on behalf of Christopher Rich (Argyle, Theodore)

Nov. 18, 2013

Nov. 18, 2013

PACER
11

STIPULATION of the parties by Susan Latta. (Durham, Craig)

Nov. 19, 2013

Nov. 19, 2013

RECAP
12

ORDER ON STIPULATION re 11 Stipulation. C.L. (Butch) Otter answer due 1/13/2014; Christopher Rich answer due 1/13/2014. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Nov. 19, 2013

Nov. 19, 2013

PACER
13

NOTICE of Hearing: Telephonic Scheduling Conference set for 1/15/2014 10:30 AM MST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan) (ah)

1 Litigation Plan Letter

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2 Litigation Plan

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Nov. 20, 2013

Nov. 20, 2013

PACER
14

NOTICE of Appearance by Thomas C. Perry on behalf of C.L. (Butch) Otter (Perry, Thomas)

Dec. 2, 2013

Dec. 2, 2013

PACER
15

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, C.L. (Butch) Otter, Christopher Rich, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen re 14 Notice of Appearance, 1 Complaint, 10 Notice of Appearance Consent/Objection to Magistrate due by 2/3/2014. (cjm)

Dec. 2, 2013

Dec. 2, 2013

RECAP
16

Docket entry only - CONSENT to Magistrate Judge filed. (cjm)

Dec. 2, 2013

Dec. 2, 2013

PACER
17

AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference currently set for 1/15/2014 10:30 AM MST is hereby VACATED and RE-SET for 1/16/2014 02:30 PM MST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. Litigation Plan(s) to be filed on or before 1/9/2014. (ah)

Dec. 11, 2013

Dec. 11, 2013

PACER
18

MOTION to Intervene W Scott Zanzig appearing for Intervenor Defendant State of Idaho. Responses due by 1/6/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Proposed Answer)(Zanzig, W)

1 Memorandum in Support

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2 Exhibit 1 - Proposed Answer

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Dec. 11, 2013

Dec. 11, 2013

PACER
19

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for State of Idaho re 18 MOTION to Intervene Consent/Objection to Magistrate due by 2/13/2014. (cjm)

Dec. 12, 2013

Dec. 12, 2013

PACER
20

Docket entry only - CONSENT to Magistrate Judge filed. (cjm)

Dec. 12, 2013

Dec. 12, 2013

PACER
21

NOTICE by Christopher Rich of Non-Objection to State of Idaho's Motion to Intervene (Argyle, Theodore)

Dec. 13, 2013

Dec. 13, 2013

PACER

CORRECTIVE ENTRY - The entry docket number 21 Notice (Other) filed by Christopher Rich was filed incorrectly in this case. The filing party shall re-submit their filing using the correct event of "Response to Motion" located under Responses and Replies as this correctly terms the Response deadline.(cjm)

Dec. 13, 2013

Dec. 13, 2013

PACER
22

RESPONSE to Motion re 18 MOTION to Intervene Notice of Non-Objection filed by Christopher Rich. Replies due by 12/30/2013.(Argyle, Theodore)

Dec. 13, 2013

Dec. 13, 2013

RECAP
23

Docket entry only - CONSENT to Magistrate Judge filed. (st) (Entered: 12/24/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
24

RESPONSE to Motion re 18 MOTION to Intervene Plaintiffs Response filed by Susan Latta. Replies due by 1/10/2014.(Ferguson, Deborah)

Dec. 24, 2013

Dec. 24, 2013

RECAP
25

CERTIFICATE OF SERVICE by Susan Latta re 24 Response to Motion to Intervene (Ferguson, Deborah)

Dec. 26, 2013

Dec. 26, 2013

RECAP
26

NOTICE of Substitution - Attorney W Scott Zanzig,Steven Lamar Olsen,Clay R Smith for Christopher Rich added. Attorney Theodore E Argyle terminated. (Zanzig, W)

Jan. 2, 2014

Jan. 2, 2014

PACER
27

NOTICE of Appearance by Cally Ann Younger on behalf of C.L. (Butch) Otter (Younger, Cally)

Jan. 7, 2014

Jan. 7, 2014

PACER
28

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Susan Latta. (Attachments: # 1 Exhibit A to Plaintiffs' Litigation Plan)(Ferguson, Deborah)

1 Exhibit A to Plaintiffs' Litigation Plan

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Jan. 7, 2014

Jan. 7, 2014

RECAP
29

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by C.L. (Butch) Otter. (Perry, Thomas)

Jan. 8, 2014

Jan. 8, 2014

RECAP
30

MOTION to Dismiss W Scott Zanzig appearing for Defendant Christopher Rich. Responses due by 2/3/2014 (Attachments: # 1 Memorandum in Support, # 2 Attachment A (Part 1) Households and Families: 2010, 2010 Census Briefs, # 3 Attachment A (Part 2) Households and Families: 2010 Census Briefs, # 4 Attachment B Marriage Rates by State: 1990, 1995, and 1999-2011, # 5 Attachment C Births: Preliminary Data for 2012, National Vital Statistics Reports, # 6 Attachment D W. Bradford Wilson et al., Why Marriage Matters: Thirty Conclusions from Social Sciences (3d ed. 2011), # 7 Attachment E W. Kristen Anderson Moore et al., Marriage from a Child's Perspective: How Does Family Structure Affect Children, and What Can We Do About It? Child Research Brief (June 2002), # 8 Attachment F Paul R. Amato, The Impact of Family Formation Change on the Cognitive, Social, and Emotional Well-Being of the Next Generation, 15 Future of Children No. 2 (Fall 2005), # 9 Attachment G Elizabeth Wildsmith et al., Childbearing Outside of Marriage: Estimates and Trends in the United States, Child Research Brief (Nov. 2011), # 10 Attachment H Benjamin Scafide, Principal Investigator, The Taxpayer Costs of Divorce and Unwed Childbearing: First Ever Estimate for the Nation and All Fifty States (2008))(Zanzig, W)

1 Memorandum in Support

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2 Attachment A (Part 1) Households and Families: 2010, 2010 Census Briefs

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3 Attachment A (Part 2) Households and Families: 2010 Census Briefs

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4 Attachment B Marriage Rates by State: 1990, 1995, and 1999-2011

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5 Attachment C Births: Preliminary Data for 2012, National Vital Statistics Repor

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6 Attachment D W. Bradford Wilson et al., Why Marriage Matters: Thirty Conclusion

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7 Attachment E W. Kristen Anderson Moore et al., Marriage from a Child's Per

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8 Attachment F Paul R. Amato, The Impact of Family Formation Change on the Cognit

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9 Attachment G Elizabeth Wildsmith et al., Childbearing Outside of Marriage: Esti

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10 Attachment H Benjamin Scafide, Principal Investigator, The Taxpayer Costs of Di

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Jan. 9, 2014

Jan. 9, 2014

RECAP
31

SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Christopher Rich. (Zanzig, W)

Jan. 9, 2014

Jan. 9, 2014

RECAP
32

REPLY to Response to Motion re 18 MOTION to Intervene filed by State of Idaho.(Zanzig, W)

Jan. 9, 2014

Jan. 9, 2014

PACER
33

ANSWER to 1 Complaint, by C.L. (Butch) Otter.(Perry, Thomas)

Jan. 13, 2014

Jan. 13, 2014

RECAP
34

AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference currently set for 1/16/2014 02:30 PM MST is hereby rescheduled to occur in-person, Boise - Courtroom 6 before Judge Candy W. Dale. Pro hac vice counsel will be allowed to appear via telephone. (same date and time as previously set) (ah)

Jan. 13, 2014

Jan. 13, 2014

PACER
35

DOCKET ENTRY NOTICE of Hearing on Motion: 18 MOTION to Intervene - Motion Hearing set for 1/16/2014 02:30 PM MST in Boise - Courtroom 6 before Judge Candy W. Dale. (ah)

Jan. 13, 2014

Jan. 13, 2014

PACER
36

ERRATA by Defendant Christopher Rich re 30 MOTION to Dismiss . (Smith, Clay)

Jan. 15, 2014

Jan. 15, 2014

RECAP
37

CASE MANAGEMENT ORDER. Amended Pleadings due by 1/31/2014. Joinder of Parties due by 1/31/2014. Motions for Summary Judgment due by 2/18/2014. Responses to motions for summary judgment due by 3/20/2014. Replies to responses to motions for summary judgment due by 4/4/2014. A hearing before the undersigned on all pending motions is scheduled for May 5, 2014 at 9:30 a.m. in Boise Courtroom 6. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Jan. 17, 2014

Jan. 17, 2014

RECAP

Set Deadlines as to 30 MOTION to Dismiss . Responses due by 2/18/2014. Motion Hearing set for 5/5/2014 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. Per Order 37 . (cjm)

Jan. 17, 2014

Jan. 17, 2014

PACER
38

ORDER granting 18 Motion to Intervene. IT IS FURTHER ORDERED that the State of Idaho shall file its answer or other responsive pleading, including its planned joinder in Defendant Richs Motion to Dismiss, on or before 1/28/2014. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)

Jan. 21, 2014

Jan. 21, 2014

RECAP
39

NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel. Consent/Objection to Magistrate due by 2/11/2014. (cjm)

Jan. 22, 2014

Jan. 22, 2014

PACER
40

ALL PARTIES HAVE CONSENTED TO PROCEED BEFORE A US MAGISTRATE JUDGE(cjm)

Jan. 23, 2014

Jan. 23, 2014

PACER
41

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM W Scott Zanzig appearing for Intervenor Defendant State of Idaho. Responses due by 2/21/2014 (Attachments: # 1 Memorandum in Support)(Zanzig, W)

1 Memorandum in Support

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Jan. 28, 2014

Jan. 28, 2014

PACER
42

AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Ferguson, Deborah)

Jan. 29, 2014

Jan. 29, 2014

PACER
43

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM W Scott Zanzig appearing for Defendant Christopher Rich, Intervenor Defendant State of Idaho. Responses due by 2/24/2014 (Zanzig, W)

Jan. 30, 2014

Jan. 30, 2014

PACER
44

ANSWER to 42 Amended Complaint by C.L. (Butch) Otter.(Perry, Thomas)

Jan. 31, 2014

Jan. 31, 2014

PACER
45

MOTION for Summary Judgment filed by Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 3/14/2014 (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

RECAP
46

Statement of Facts re 45 MOTION for Summary Judgment filed by filed by Susan Latta.(Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
47

DECLARATION of Dr. Michael E. Lamb re 45 MOTION for Summary Judgment filed by filed by Susan Latta . (Attachments: # 1 Exhibit A, Dr. Lamb, # 2 Exhibit B, Dr. Lamb)(Ferguson, Deborah)

1 Exhibit A, Dr. Lamb

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2 Exhibit B, Dr. Lamb

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Feb. 18, 2014

Feb. 18, 2014

PACER
48

DECLARATION of Susan Latta re 45 MOTION for Summary Judgment filed by filed by Susan Latta . (Attachments: # 1 Exhibit A, Susan Latta, # 2 Exhibit B, Susan Latta)(Ferguson, Deborah)

1 Exhibit A, Susan Latta

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2 Exhibit B, Susan Latta

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Feb. 18, 2014

Feb. 18, 2014

PACER
49

DECLARATION of Traci Ehlers re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
50

DECLARATION of Lori Watsen re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Attachments: # 1 Exhibit A, Lori Watsen, # 2 Exhibit B, Lori Watsen)(Ferguson, Deborah)

1 Exhibit A, Lori Watsen

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2 Exhibit B, Lori Watsen

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Feb. 18, 2014

Feb. 18, 2014

PACER
51

DECLARATION of Sharene Watsen re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Attachments: # 1 Exhibit A, Sharene Watsen, # 2 Exhibit B, Sharene Watsen, # 3 Exhibit C, Sharene Watsen, # 4 Exhibit D, Sharene Watsen)(Ferguson, Deborah)

1 Exhibit A, Sharene Watsen

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2 Exhibit B, Sharene Watsen

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3 Exhibit C, Sharene Watsen

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4 Exhibit D, Sharene Watsen

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Feb. 18, 2014

Feb. 18, 2014

PACER
52

DECLARATION of Andrea Altmayer re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
53

DECLARATION of Shelia Robertson re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
54

DECLARATION of Amber Beierle re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
55

DECLARATION of Rachael Robertson re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER
56

MOTION for Leave to File Excess Pages Unopposed Thomas C. Perry appearing for Defendant C.L. (Butch) Otter. Responses due by 3/14/2014 (Perry, Thomas)

Feb. 18, 2014

Feb. 18, 2014

PACER
57

MOTION for Summary Judgment Thomas C. Perry appearing for Defendant C.L. (Butch) Otter. Responses due by 3/14/2014 (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Memorandum in Support, # 3 Appendix Cover sheet and TOC, # 4 Appendix Tab 1-1, # 5 Appendix Tabs 2-6, # 6 Appendix Tab 7, # 7 Appendix Tabs 8-11, # 8 Appendix Tabs 12-16, # 9 Appendix Tabs 17-24, # 10 Appendix Tabs 25-29, # 11 Appendix Tabs 30-40, # 12 Appendix Tabs 41-44)(Perry, Thomas)

1 Statement of Undisputed Material Facts

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2 Memorandum in Support

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3 Appendix Cover sheet and TOC

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4 Appendix Tab 1-1

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5 Appendix Tabs 2-6

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6 Appendix Tab 7

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7 Appendix Tabs 8-11

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8 Appendix Tabs 12-16

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9 Appendix Tabs 17-24

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10 Appendix Tabs 25-29

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11 Appendix Tabs 30-40

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12 Appendix Tabs 41-44

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Feb. 18, 2014

Feb. 18, 2014

RECAP
58

MOTION to Take Judicial Notice Shannon Minter appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 3/14/2014 (Minter, Shannon)

Feb. 18, 2014

Feb. 18, 2014

PACER
59

MEMORANDUM in Support of Motion re 45 MOTION for Summary Judgment filed by filed by Susan Latta et al. (Ferguson, Deborah) Modified on 2/19/2014 to edit event text per Corrective Entry (cjm).

Feb. 18, 2014

Feb. 18, 2014

PACER
60

DECLARATION of Shannon P. Minter re 58 MOTION to Take Judicial Notice filed by Susan Latta . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Minter, Shannon)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Feb. 18, 2014

Feb. 18, 2014

PACER
61

RESPONSE to Motion re 30 MOTION to Dismiss, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Susan Latta. Replies due by 3/7/2014.(Ferguson, Deborah)

Feb. 18, 2014

Feb. 18, 2014

PACER

CORRECTIVE ENTRY - The entry docket number 59 Memorandum/Brief (generic) filed by Susan Latta was filed incorrectly in this case as the wrong event was used. The correct event is "Memorandum in Support of Motion" located under Responses and Replies. The filing party does not need to re-submit as the Clerk's Office will edit the entry. In future please note that Memorandum in Support, Statement of Material Facts, and Declarations are "preferred" filed as attachments to the Motion.(cjm)

Feb. 19, 2014

Feb. 19, 2014

PACER
62

DOCKET ENTRY ORDER - Having reviewed the record and Defendant Governor Otter's Unopposed Motion for Leave to File Overlength Memorandum in Support of Motion for Summary Judgment (Dkt. 56 ), and good cause appearing therefor, the Court hereby GRANTS the motion. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by mcb)

Feb. 19, 2014

Feb. 19, 2014

PACER
63

DOCKET ENTRY NOTICE - The parties are hereby advised that the response and reply deadlines generated by CM/ECF shall govern filings in connection with Plaintiffs' Request for Judicial Notice (Dkt. 58 ). Signed by Judge Candy W. Dale. (mcb)

Feb. 20, 2014

Feb. 20, 2014

PACER
64

MOTION FOR PRO HAC VICE APPEARANCE by Kenneth J. Connelly. ( Filing fee $ 225 receipt number 0976-1125555.) Matthew C Williams appearing for Amicus Cornerstone Family Council of Idaho. Responses due by 3/21/2014 (Williams, Matthew) Modified on 2/26/2014 to edit filing party in the docket text at the attorney's request (st).

Feb. 25, 2014

Feb. 25, 2014

PACER
65

MOTION for Leave to File Brief of Proposed Amicus Curiae Cornerstone Family Council of Idaho in Support of Defendant Governor C.L. "Butch" Otter's Motion for Summary Judgment Matthew C Williams appearing for Amicus Cornerstone Family Council of Idaho. Responses due by 3/21/2014 (Williams, Matthew)

Feb. 25, 2014

Feb. 25, 2014

RECAP
66

MEMORANDUM in Support re 65 MOTION for Leave to File Brief of Proposed Amicus Curiae Cornerstone Family Council of Idaho in Support of Defendant Governor C.L. "Butch" Otter's Motion for Summary Judgment filed by Cornerstone Family Council of Idaho.(Williams, Matthew)

Feb. 25, 2014

Feb. 25, 2014

RECAP
67

DOCKET ENTRY ORDER approving 64 Motion for Pro Hac Vice Appearance of attorney Kenneth J Connelly for Amicus Cornerstone Family Council of Idaho. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Feb. 26, 2014

Feb. 26, 2014

PACER
68

ORDER granting 65 Motion for Leave to File Brief of Proposed Amicus Curiae Cornerstone Family Council of Idaho. The proposed brief at Docket No. 66 shall stand as the brief of amicus curiae Cornerstone Family Council of Idaho. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

Feb. 26, 2014

Feb. 26, 2014

RECAP

CORRECTIVE ENTRY - The entry docket number 66 Memorandum in Support of Motion, filed by Cornerstone Family Council of Idaho, 65 MOTION for Leave to File Brief of Proposed Amicus Curiae Cornerstone Family Council of Idaho in Support of Defendant Governor C.L. "Butch" Otter's Motion for Summary Judgment filed by Cornerstone Family Council of Idaho were filed incorrectly in this case as it pertains to the Certificate of Service only. The filing party shall refer to ECF Procedure #8 and re-submit their correct certificate of service using the event of "Certificate of Service" located under Service of Process and link to dockets 65 and 66. (cjm)

Feb. 27, 2014

Feb. 27, 2014

PACER
69

CERTIFICATE OF SERVICE by Cornerstone Family Council of Idaho re 66 Memorandum in Support of Motion, 65 MOTION for Leave to File Brief of Proposed Amicus Curiae Cornerstone Family Council of Idaho in Support of Defendant Governor C.L. "Butch" Otter's Motion for Summary Judgment (Williams, Matthew)

Feb. 28, 2014

Feb. 28, 2014

PACER
70

RESPONSE to Motion re 58 MOTION to Take Judicial Notice filed by Christopher Rich, State of Idaho. Replies due by 4/3/2014.(Smith, Clay)

March 17, 2014

March 17, 2014

RECAP
71

RESPONSE to Motion re 58 MOTION to Take Judicial Notice filed by C.L. (Butch) Otter. Replies due by 4/3/2014.(Perry, Thomas)

March 17, 2014

March 17, 2014

PACER
72

DOCKET ENTRY ORDER - Having reviewed Plaintiffs' Motion for Judicial Notice (Dkt. 58 ) and Defendants' notices of non-opposition (Dkt. 70, 71 ), and finding the materials attached to the motion comport with FRE 201, the Court hereby GRANTS Plaintiffs' motion. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mcb)

March 18, 2014

March 18, 2014

PACER
73

RESPONSE to Motion re 30 MOTION to Dismiss, 45 MOTION for Summary Judgment filed by, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rich and Defendant-Intervenor Idaho's Combined Response to Plaintiffs' Motion for Summary Judgment and Reply in Support of Motions to Dismiss filed by Christopher Rich, State of Idaho. Replies due by 4/7/2014. (Attachments: # 1 Defendant Rich and Defendant-Intervenor Idaho's Statement of Material Facts re Plaintiffs' Motion for Summary Judgment)(Smith, Clay)

1 Defendant Rich and Defendant-Intervenor Idaho's Statement of Material Fact

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March 20, 2014

March 20, 2014

PACER
74

MOTION Judicial Notice re 30 MOTION to Dismiss, 45 MOTION for Summary Judgment filed by, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Clay R Smith appearing for Defendant Christopher Rich, Intervenor Defendant State of Idaho. Responses due by 4/14/2014 (Smith, Clay)

March 20, 2014

March 20, 2014

PACER
75

RESPONSE to Motion re 57 MOTION for Summary Judgment filed by Christopher Rich, State of Idaho. Replies due by 4/7/2014.(Smith, Clay)

March 20, 2014

March 20, 2014

PACER
76

MEMORANDUM in Opposition re 57 MOTION for Summary Judgment filed by Susan Latta. Replies due by 4/7/2014. (Attachments: # 1 Plaintiffs' Response to Governor's Statement of Facts, # 2 Dr. Lamb's Supplemental Declaration)(Ferguson, Deborah)

1 Plaintiffs' Response to Governor's Statement of Facts

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2 Dr. Lamb's Supplemental Declaration

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March 20, 2014

March 20, 2014

PACER
77

MOTION to Take Judicial Notice Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 4/14/2014 (Attachments: # 1 Declaration of Deborah A. Ferguson in Support of Request to Take Judicial Notice, # 2 Exhibit A to Declaration, # 3 Exhibit B to Declaration)(Ferguson, Deborah)

1 Declaration of Deborah A. Ferguson in Support of Request to Take Judicial Notic

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2 Exhibit A to Declaration

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3 Exhibit B to Declaration

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March 20, 2014

March 20, 2014

PACER
78

MOTION for Leave to File Excess Pages Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 4/14/2014 (Ferguson, Deborah)

March 20, 2014

March 20, 2014

PACER
79

MOTION for Leave to File Overlenth Brief Thomas C. Perry appearing for Defendant C.L. (Butch) Otter. Responses due by 4/14/2014 (Perry, Thomas)

March 20, 2014

March 20, 2014

PACER
80

CERTIFICATE OF SERVICE by Susan Latta re 76 Memorandum in Opposition to Motion, (Ferguson, Deborah)

March 20, 2014

March 20, 2014

PACER
81

RESPONSE to Motion re 45 MOTION for Summary Judgment filed by filed by C.L. (Butch) Otter. Replies due by 4/7/2014. (Attachments: # 1 Appendix Supplemental, # 2 Objection to Plaintiffs' Statement of Facts)(Perry, Thomas)

1 Appendix Supplemental

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2 Objection to Plaintiffs' Statement of Facts

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March 20, 2014

March 20, 2014

PACER
82

DOCKET ENTRY ORDER - Good cause appearing, the Court hereby GRANTS Plaintiffs' unopposed Motion to File Excess Pages (Dkt. 78 ) and Defendant Governor Otters Unopposed Motion for Leave to File Overlength Memorandum (Dkt. 79 ). And, finding good cause for expedited briefing, the Court directs the parties to file responses, if any, to the requests for judicial notice at Docket Nos. 74 and 77 on or before April 4, 2014. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mcb)

March 24, 2014

March 24, 2014

PACER
83

RESPONSE to Motion re 77 MOTION to Take Judicial Notice filed by Christopher Rich, State of Idaho. Replies due by 4/17/2014.(Smith, Clay)

March 31, 2014

March 31, 2014

PACER

Reset Deadlines as to 77 MOTION to Take Judicial Notice, 74 MOTION Judicial Notice. Responses due by 4/4/2014. Per Order dkt #82. (cjm)

March 31, 2014

March 31, 2014

PACER
84

RESPONSE to Motion re 74 MOTION Judicial Notice re 30 MOTION to Dismiss, 45 MOTION for Summary Judgment filed by, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Susan Latta. Replies due by 4/21/2014.(Ferguson, Deborah)

April 4, 2014

April 4, 2014

RECAP
85

RESPONSE Plaintiffs' Response to Defendant Rich and Defendant- Intervenor's Statement of Material Facts 73 -1 filed by Susan Latta. (Ferguson, Deborah) Modified on 4/7/2014 per Corrective Entry (cjm).

April 4, 2014

April 4, 2014

PACER
86

RESPONSE to Motion re 74 MOTION Judicial Notice re 30 MOTION to Dismiss, 45 MOTION for Summary Judgment filed by, 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by C.L. (Butch) Otter. Replies due by 4/21/2014.(Perry, Thomas)

April 4, 2014

April 4, 2014

PACER
87

RESPONSE to Motion re 77 MOTION to Take Judicial Notice filed by C.L. (Butch) Otter. Replies due by 4/21/2014.(Perry, Thomas)

April 4, 2014

April 4, 2014

PACER
88

REPLY to Response to Motion re 45 MOTION for Summary Judgment filed by Plaintiffs' Motion for Summary Judgment filed by Susan Latta.(Ferguson, Deborah)

April 4, 2014

April 4, 2014

PACER
89

MOTION for Leave to File Excess Pages Thomas C. Perry appearing for Defendant C.L. (Butch) Otter. Responses due by 4/28/2014 (Perry, Thomas)

April 4, 2014

April 4, 2014

PACER
90

REPLY to Response to Motion re 57 MOTION for Summary Judgment filed by C.L. (Butch) Otter.(Perry, Thomas)

April 4, 2014

April 4, 2014

PACER

CORRECTIVE ENTRY - The entry docket number 85 Response to Motion, filed by Susan Latta was filed incorrectly in this case as it is not a Response to Motion. The correct event to use is "Response {generic}" located under Other Documents. No action is needed by the filing party as the Clerk's Office will edit the entry.(cjm)

April 7, 2014

April 7, 2014

PACER
91

DOCKET ENRTY ORDER - Having reviewed both Plaintiffs' and Defendant Rich and Defendant-Intervenor Idaho's unopposed Motions for Judicial Notice (respectively, Dkt. 77 and 74 ), and finding the materials attached to each comport with FRE 201, the Court hereby GRANTS both motions. In addition, Defendant Governor Otter's Unopposed Motion for Leave to File Overlength Reply (Dkt. 89 ) is GRANTED. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by mcb)

April 8, 2014

April 8, 2014

PACER
92

NOTICE by Susan Latta et al. of additional authority (Attachments: # 1 Henry v. Himes, # 2 Baskin v. Bogan)(Durham, Craig)

1 Henry v. Himes

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2 Baskin v. Bogan

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April 25, 2014

April 25, 2014

PACER
93

NOTICE by C.L. (Butch) Otter of additional authority (Attachments: # 1 Schuette v. BAMN)(Perry, Thomas)

1 Schuette v. BAMN

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April 29, 2014

April 29, 2014

PACER

Case Details

State / Territory: Idaho

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Nov. 8, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four same-sex couples from Idaho. Two pairs of this group have out-of-state marriages and two pairs do not.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Idaho, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 628553.98

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation