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Butch Otter: Idaho's gay-marriage case should be picked by Supreme Court

BOISE, Idaho – Gov. Butch Otter believes the state’s arguments against gay marriage are so complete that the U.S. Supreme Court should wait until it gets Idaho’s case before deciding on the issue.

In arguments filed with the nation’s highest court, lawyers for Otter said waiting for Idaho’s case would help Supreme Court justices resolve “the marriage-litigation wave in all respects.”

Attorneys Gene Schaerr and Tom Perry filed those arguments in a friend-of-the-court brief for a petition to have the Supreme Court hear a same-sex marriage case out of the 6th U.S. Circuit Court of Appeals.

Otter lists several reasons why he thinks Idaho’s case is the “best vehicle” for the whole same-sex marriage issue to be decided. Among them: Idaho’s includes both the question of in-state marriages and recognition of out-of-state marriages; it would test the 9th U.S. Circuit Court of Appeals’ application of a heightened standard of scrutiny for discrimination based on sexual orientation; it brings up religious liberty issues; and Idaho officials, unlike those in many states, have mounted a vigorous defense of their ban on gay marriage.

Otter’s legal brief cites “the enormous societal risks accompanying a genderless-marriage regime,” and says, “Common sense and a wealth of social-science data teach that children do best emotionally, socially, intellectually and economically when reared in an intact home by both biological parents.”

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