Four couples suing the state over Idaho's ban on same-sex marriage are asking a federal judge to rule in their favor without a trial, contending the facts of the case and recent federal court rulings elsewhere make it clear that Idaho's marriage laws violate the Constitution.
The defendant in the case, Gov. C.L. "Butch" Otter, also is asking the judge for an immediate ruling, contending that states and not the federal government have the right to define marriage and that same-sex marriages would harm Idaho's children.
Both sides made their arguments Wednesday in legal briefs filed in Boise's U.S. District Court.