U.S. District Magistrate Judge Candy Dale wrote Wednesday morning that Gov. C.L. "Butch" Otter's appeal isn't likely to succeed, and so there's no reason to keep same-sex couples from seeking marriage licenses or marrying on Friday.

On Tuesday, Dale struck down Idaho's same-sex marriage ban in response to a lawsuit from four Idaho couples.

Dale said Idaho's law unconstitutionally denies gay and lesbian couples their fundamental right to marry and wrongly stigmatizes their families. She said the state must start issuing marriage licenses to same-sex couples Friday morning.