BOISE, Idaho, May 14 (UPI) -- U.S. Magistrate Judge Candy W. Dale on Tuesday ended Idaho's prohibition on same-sex marriage. Wednesday she denied Republican Governor Butch Otter's motion for a stay pending appeal, granting same-sex couples their right to marry as soon as Friday.
"Judge Dale's denial of the state's request for a stay of her decision on same-sex marriage is regrettable in light of the Supreme Court's decision to stay a similar case, but not surprising. We will appeal to the 9th Circuit Court," Governor Otter said.
Otter will again attempt to block marriage equality in Idaho by asking for stays from both the U.S. Supreme Court and Ninth Circuit court of appeals.
On Tuesday, Judge Dale tossed out Idaho's ban on same-sex marriage as unconstitutional, concluding, "marriage is a fundamental right of all citizens which neither tradition nor the majority can deny."