Latah County to reissue same-sex marriage licenses

The marriage licenses issued to the first six same-sex couples in Latah County last fall will not be filed, according to a letter received by the County Clerk’s office Jan. 27 from the Idaho Bureau of Vital Records and Health Statistics, said Henrianne Westberg, county clerk.

Westberg said the reason given by the bureau was the stay issued by Gov. C. L. “Butch” Otter halting same-sex marriages in Idaho was effective immediately.

Westberg said she informed each of the couples of the state of their marriage Tuesday afternoon.

“They all took it very well,” she said. “They were very understanding, and appreciated that I had called them, and appreciated that we were sending out a copy of the letter. My main concern was I didn’t want them to read it in the paper — that’s just wrong.”

Westberg said she stands by the former clerk’s decision to issue marriage licenses when she did, and said her office would be happy to reissue marriage licenses free of charge to the six couples. Additionally, Magistrate Court Judge John Judge agreed to officiate the marriages for free.

Mark McLaughlin, who was among the first six same-sex couples to be married four months ago, said he’s hesitant to marry his partner again — at least this way.

“I feel like if we got remarried, it would invalidate our first ceremony,” McLaughlin said. “In our eyes, we’re still married.”

McLaughlin said he and his partner, Jeffrey Dodge, associate dean of the University of Idaho College of Law, have been in contact with the other five couples in Latah County affected by the bureau’s decision. McLaughlin said together, they will weigh their options before moving forward.

“It seems like there are three options,” McLaughlin said. “There’s the ideal — which is to just fix it — pursue legal action, or let it go and get remarried.”

Westberg said she will continue to keep lines of communication open with the bureau to find out why it took so long for her office to be notified, why the bureau will not file the licenses and what other options the couples have.

Hannah Shirley can be reached at [email protected]

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