Four same-sex couples in Idaho are asking a federal judge to strike down the state’s gay marriage ban without a trial, arguing that the tide of recent court decisions in favor of gay marriage make it clear the ban violates the Constitution.
In arguments delivered Wednesday, both sides asked for an immediate ruling on the lawsuit without going to trial, the Associated Press reports. Attorneys for the defendant, Gov. C.L. “Butch” Otter, argued the right to decide on marriage issues belongs to the states and not the federal government. Otter also argued same-sex marriages are bad for children.
Nine same-sex couples in Colorado filed a similar suit Wednesday, asking a judge to overturn their state’s gay marriage ban, as federal judges have done in Utah, Oklahoma, Kentucky, Virginia and Ohio. Gay marriage is currently legal in 17 states and the District of Columbia.