Latta

On October 10, 2014, the plaintiffs moved for dissolution of the stay of the district court’s order enjoining the enforcement of Idaho’s laws prohibiting same-sex marriage. In Latta v. Otter, No. 14-35420, 771 F.3d 456 , 2014 WL 4977682 (9th Cir. Oct. 7, 2014), we decided the appeal, and held unconstitutional Idaho’s statutes and constitutional amendments preventing same-sex couples from marrying and refusing to recognize same-sex marriages performed elsewhere. The stay pending appeal was issued a number of months ago, before the relevant factual and legal developments that dictate the outcome of the present motion. In light of our decision in Latta and the other recent decisions by circuit courts across the country in essentially identical cases, as well as the Supreme Court’s decisions on October 6, 2014 to deny certiorari in all pending same-sex marriage cases and thus to permit same-sex marriages in all affected states notwithstanding any state statute or constitutional provisions to the contrary, Governor Otter can no longer meet the test for the grant or continuation of a stay. We therefore granted the plaintiffs’ motion for dissolution of the stay of the district court’s…