Citing a potential for "chaos, confusion, conflict, and uncertainty," Idaho has filed a motion to recall the 9th Circuit Court's mandate that the ban on same-sex marriage be immediately overturned.
Early this morning, Idaho Attorney General Lawrence Wasden's office filed a motion with the 9th Circuit Court of Appeals seeking a stay pending appeal of the court's ruling that Idaho's law banning gay marriage is unconstitutional be stayed pending an appeal. Without the stay, county clerks throughout Idaho would have begun issuing marriage licenses to same-sex couples.

In the emergency motion, State counsel Chris Perry wrote that blocking gay marriage from going forward, at least temporarily, would give Idaho a chance to appeal the decision to higher courts. The Supreme Court declined to take up gay marriage appeals from five other states this week, effectively legalizing the issue for those states, Perry wrote that Idaho's case is fundamentally different.