A gay marriage supporter holds his interpretation of the American flag at a rally for gay marriage at the Ada County Court House in Boise, Idaho May 16, 2014.
Brian Losness—Reuters
May 20, 2014 8:54 PM EDT

Same-sex marriages in Idaho will not be allowed or recognized until after an appeal is decided, a federal appeals court said Tuesday.

Although a judge overturned the state’s same-sex marriage ban last week, the 9th U.S. Circuit Court of Appeals granted a request for a stay from Idaho Governor C.L. “Butch” Otter and the state’s attorney general, Lawrence Wasden, the Associated Press reports.

The two had announced their intent to challenge the decision from U.S. District Magistrate Judge Candy Dale after her ruling. Dale’s ruling followed a lawsuit from four same-sex couples against Otter and Ada County Clerk Chris Rich. Two of the couples were denied marriage licenses in Boise. The others were married in other states but the marriages weren’t recognized in Idaho.

Dale had previously vowed not to put marriages on hold while Otter and Wasden appealed.

Same-sex marriage is legal in 18 states and the District of Columbia. On Monday, Oregon struck down a ban on same-sex marriage, but state officials say there are no plans for an appeal.


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