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Gay couples in Idaho can’t get married today, after all Gay couples in Idaho and Nevada can’t get married today, after all
(35 minutes later)
On Wednesday, Supreme Court Justice Anthony Kennedy put a temporary hold on a lower court’s ruling that same-sex marriages may begin in Idaho and Nevada immediately. On Wednesday, Supreme Court Justice Anthony Kennedy put a temporary hold on a lower court’s ruling that same-sex marriages may begin in Idaho and Nevada.
That decision came Tuesday night, when a three-judge panel of the 9th Circuit Court of Appeals ruled that the same-sex marriage bans in the two states were unconstitutional. In the decision, they wrote: “Because defendants have failed to demonstrate that these laws further any legitimate purpose, they unjustifiably discriminate on the basis of sexual orientation, and are in violation of the Equal Protection Clause.” The order comes in response to an emergency request by the administration of Idaho Gov. Butch Otter seeking a recall of the lower-court decision that both state’s marriage bans were unconstitutional. While Justice Kennedy’s order is a response to Idaho’s request, it applies to both states. The delay may not last long, however, as Kennedy gave plaintiffs in the case until 5 p.m. on Thursday to file a response.
The administration of Idaho Gov. Butch Otter filed an emergency motion Wednesday morning calling on the court to recall that mandate, prompting Justice Kennedy’s order. While the order is a response to Idaho’s request, Kennedy did not distinguish between the two states, writing only: “It is ordered that the mandate of the United States Court of  Appeals for the Ninth Circuit… is hereby stayed pending further order of the undersigned or of the Court.” The decision applies to both states, the Associated Press reports. The Otter administration’s emergency motion, filed on Wednesday morning, argues that the Tuesday decision by a three-judge panel of the 9th Circuit Court of Appeals immediately striking the state same-sex marriage bans “short-circuited the normal process.”
County clerks had been preparing to issue marriage licenses to same-sex couples Wednesday morning, according to local reports. And at least one Idaho couple may have succeeded in getting married, according to a local report: County clerks had been preparing to issue marriage licenses to same-sex couples Wednesday morning, and at least one Idaho couple may have succeeded in getting married, according to local reports:
#twinfalls county's first gay couple to get married, Don Moline and Clint Newlan #idpol pic.twitter.com/OJ4tF9eWre — Times-News Politics (@IdahoGovernment) October 8, 2014#twinfalls county's first gay couple to get married, Don Moline and Clint Newlan #idpol pic.twitter.com/OJ4tF9eWre — Times-News Politics (@IdahoGovernment) October 8, 2014
#twinfalls county's first gay couple to get married, Don Moline and Clint Newlan #idpol pic.twitter.com/OJ4tF9eWre#twinfalls county's first gay couple to get married, Don Moline and Clint Newlan #idpol pic.twitter.com/OJ4tF9eWre
— Times-News Politics (@IdahoGovernment) October 8, 2014— Times-News Politics (@IdahoGovernment) October 8, 2014
Kennedy gave until the end of the day Thursday for a response to Idaho’s emergency motion. Wednesday’s order follows the Monday decision by the Supreme Court to let three similar same-sex marriage rulings by appeals courts stand. As a result, same-sex couples can now marry in more than half the states. If the 9th Circuit decision goes into effect, same-sex marriage could soon be allowed in as many as 35 states. In light of that Monday decision by the Supreme Court, a decision to put the 9th Circuit’s Tuesday ruling on hold for very long would be surprising, the Associated Press reports.
The Nevada attorney general’s office is preparing a statement on Kennedy’s order, a spokeswoman told The Washington Post.