Judge Candy Dale said in her conclusion on the recent case which overturned Idaho's gay marriage ban:

Idaho’s Marriage Laws withhold from them a profound and personal choice, one that most can take for granted. By doing so, Idaho’s Marriage Laws deny same-sex couples the economic, practical, emotional, and spiritual benefits of marriage, relegating each couple to a stigmatized, second-class status. Plaintiffs suffer these injuries not because they are unqualified to marry, start a family, or grow old together, but because of who they are and whom they love.

The Defendants (state of Idaho) offered no evidence that same-sex marriage would adversely affect opposite-sex marriages or the well-being of children. Without proof, the Defendants’ justifications echo the unsubstantiated fears that could not prop up the anti-miscegenation laws and rigid gender roles of days long past. Then as now, it is the duty of the courts to apply the law to the facts in evidence. Here, the facts are clear and the law teaches that marriage is a fundamental right of all citizens, which neither tradition nor the majority can deny.

Judge Dale goes on to cite the Fourteenth Amendment guarantees of due process and equal protection.

Gov. Butch Otter is appealing the injunction. Unless a higher court grants that appeal, Idaho must allow same-sex marriage, and recognition of existing legal same-sex marriages after 9 a.m. Friday.

Here is the full statement from Gov. Otter:

In 2006, the people of Idaho exercised their fundamental right, reaffirming that marriage is the union of a man and a woman. Today’s decision, while disappointing, is a small setback in a long-term battle that will end at the U.S. Supreme Court.  I am firmly committed to upholding the will of the people and defending our Constitution.

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