Pocatello discusses ordinance and same-sex marriage

As Idahoans wait and see if gay marriage will be legalized – for good – opponents of Pocatello’s much-discussed nondiscrimination ordinance are saying that religions will be forced to perform same-sex marriages under the ordinance.

City Chief Civil Litigator Kirk Bybee said that’s simply not the case. He said religious organizations will not be forced to do anything in regards to same-sex marriage. He said it’s very clear that’s not the case in the ordinance language and in Idaho’s Free Exercise of Religion Act.

Bybee said the ordinance does mean businesses cannot refuse service because of gender identity and sexual orientation, but said if a dispute does come up it goes to mediation first.

“I will invite both the aggrieved person and the person who supposedly discriminated to engage in mediation,” Bybee said. “And if the two of them, or more, can work out their differences with a mediator, then the case is resolved and no charges will be filed.”

Bybee says the process is driven entirely by facts. He said there have been no cases of discrimination reported since the ordinance became law in May.