On Wednesday, Supreme Court Justice Anthony Kennedy legalized same-sex marriage in Nevada, and clarified that an earlier order that temporarily blocked same-sex unions applies only to Idaho.
As the Associated Press (AP) reports, Kennedy had earlier ordered same-sex marriages to be on hold in both Nevada and Idaho, but later said he was lifting the hold on such weddings in Nevada, but not those in Idaho, where state officials have requested the delay. Nevada officials reportedly did not ask for a delay.
On Tuesday, the Ninth Circuit Court of Appeals in San Francisco declared same-sex weddings legal in both Idaho and Nevada. One day earlier, the Supreme Court allowed similar rulings from three other appeals courts to become final, effectively “rubber-stamping” gay marriage in 30 states.
Idaho officials, however, filed an emergency request with the court 90 minutes prior to the deadline of when marriage licenses would need to be issued to same-sex couples requesting them. Kennedy’s order was issued about 10 minutes before the Idaho deadline.
Kennedy has requested a response from plaintiffs in Idaho’s same-sex marriage case by Thursday. As AP states, the entire court will likely rule to extend a delay beyond the weekend, but its action on Monday suggests only an appellate ruling that upholds a same-sex marriage ban would prompt the court to take up the issue.