At 8:00 am, the Ada County Clerk was ready to issue a marriage license to the first Idaho gay couple. Just minutes before, the Supreme Court halted it after an emergency motion had been filed by Governor Otter who feels that blocking gay marriage, at least temporarily, would give Idaho a chance to appeal the decision to higher courts. 

 

In a report from KTVB.com, yesterday's order from the 9th Circuit Court read, "the mandate shall issue forthwith." The mandate means marriage licenses could be issued immediately to same-sex couples starting at 8am this morning (Wednesday).

 

Five other states appealed in the same way but the Supreme Court declined to take up those appeals noting that Idaho's case is fundamentally different.

 

Governor Otter released a statement thanking Justice Kennedy for the opportunity to "make our case in a way that helps avoid the confusion some other states have faced." He continues by saying, "I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage."

 

I'm curious: What makes Idaho's case "fundamentally different"?