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Justice Kennedy temporarily blocks same-sex marriages in Idaho, Nevada Court temporarily blocks gay marriages in Idaho, gives go-ahead in Nevada
(about 3 hours later)
Justice Anthony M. Kennedy on Wednesday morning temporarily blocked an appeals court decision that would have allowed same-sex marriages to begin in Idaho and Nevada. Justice Anthony M. Kennedy on Wednesday afternoon lifted a stay on allowing same-sex marriages to begin in Nevada, separating that state from Idaho, which received a temporary reprieve.
Kennedy, the justice designated to hear emergency appeals from the states covered by the U.S. Court of Appeals for the 9th Circuit, received a stay request from Idaho Gov. C.L. “Butch” Otter (R) just about an hour and a half before Idaho officials were to begin issuing marriage licenses. On Tuesday, the U.S. Court of Appeals for the 9th Circuit struck down gay marriage bans in both states. Nevada officials announced that they would no longer fight the issue. But Idaho Gov. C. L. “Butch” Otter (R) filed an emergency request for a stay with Kennedy, who is the justice designated to hear such petitions from states covered by the 9th Circuit.
Kennedy stayed the appeals court order and called for a response from those who challenged the Idaho law by Thursday afternoon. With little more than an hour to go before Idaho was to begin issuing licenses, Kennedy granted a stay, and told challengers of the law to filed a response by Thursday afternoon.
Nevada officials, who were to begin issuing licenses Wednesday afternoon, have not asked the high court to step in, and those who challenged the law there wondered whether the state was erroneously included in Kennedy’s order. But his order covered Nevada as well.
“We are seeking clarification from the Supreme Court now,” said Tara L. Borelli, a senior attorney with Lambda Legal. “The stay was only sought by Idaho, but the cases had been consolidated for a decision by the Ninth Circuit, and the mandate issued in one Ninth Circuit order [is] applicable to both cases. Challengers to Nevada’s law thought that might have been a mistake and asked the Supreme Court for clarification. A few hours later, Kennedy issued the amended order “upon further consideration.”
“Regardless, nothing prevents clerks in Nevada from proceeding to issue licenses today.” The actions are part of the chaotic scene that has resulted from Monday’s Supreme Court decision not to review three separate appeals courts’ decisions that struck down same-sex marriage prohibitions in Virginia, Utah, Oklahoma, Wisconsin and Indiana.
But officials in Las Vegas, who had planned to start the process today, said they would hold off until the legal questions are answered. The court’s action means that remaining same-sex marriage bans in states covered by three appeals courts — the 10th in Denver, the 4th in Richmond and the 7th in Chicago — are unlikely to survive.
A three-judge panel of the 9th Circuit on Tuesday unanimously said that the bans on same-sex marriage in the two states violated the Constitution’s guarantee of equal protection. Gay rights advocates in those states raced to the courthouse to test whether the bans still applied.
And it came on the heels of Monday’s decision by the Supreme Court not to review three separate appeals courts’ decisions that struck down prohibitions in Virginia, Utah, Oklahoma, Wisconsin and Indiana. On Tuesday, the 9th Circuit ruled. If its decision is fully implemented, same-sex marriage could soon be allowed in as many as 35 states.
If the 9th Circuit decision goes into effect, same-sex marriage could soon be allowed in as many as 35 states.