U.S. Justice Kennedy temporarily blocks ruling on gay marriage

Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada

On the heels of declining to hear appeals from several states that seek to overturn lower-court rulings upholding same-sex marriages, Supreme Court Justice Anthony Kennedy has temporarily blocked an appeals court ruling that declared gay marriage legal in Idaho and Nevada. 

According to the Associated Press, the order came minutes after Idaho filed an emergency request for an immediate stay on Oct. 8. The Gem State’s request said that without a stay, state and county officials would have been required to begin issuing marriage licenses to same-sex couples at 10 a.m. ET. The delay is likely to last only a few days at most. 

In fact, Kennedy’s order requested a response from the plaintiffs involved in Idaho’s same-sex marriage lawsuit by the end of day on Oct. 9.

One day after the U.S. Supreme Court effectively legalized same-sex marriage in as many as 30 states, the 9th U.S. Circuit Court of Appeals in San Francisco declared gay marriage legal in Idaho and Nevada.

Earlier this week, the Supreme Court justices announced they would take a “wait and see approach,” declining to hear cases about same-sex marriage this term.

The Court let rulings stand in the 4th, 7th and 10th Circuits, which paved the way for same sex marriage in five states. Pending challenges in those courts could bring the total to 30 U.S. states that would allow same-sex marriages.

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Erin E. Harrison

Erin E. Harrison is the Editor in Chief of InsideCounsel magazine. Harrison’s professional background includes extensive expertise in both print and online media, highlighted by...

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