Just twenty-four hours after an appellate court declared gay marriage legal in Idaho and Nevada (thereby opening the floodgates of Las Vegas), Supreme Court Justice Anthony Kennedy granted a stay against the practice in Idaho, pending further review.
On Monday, the Court decided not to take up appeals by states whose gay marriage bans had been overturned by appellate courts, effectively legalizing gay marriage in five states, with jurisdiction over six others.
The 9th U.S. Circuit Court of Appeals ruled the practice legal in Idaho and Nevada the next day. Idaho filed for an emergency stay, and Justice Kennedy’s granting came only hour before the state would have had to begin issuing licenses to same sex couples. (It is unclear whether the stay also includes Nevada, which is under the same jurisdiction.) Kennedy ordered the plaintiffs in Idaho’s case to issue arguments by the end of tomorrow.
Red state governors have signaled a complete unwillingness to initiate the practice in their states unless specifically ordered to do so. However, any contravening appellate court ruling on the issue would kick it up to the Supreme Court for realsies.
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