The state of Idaho wasted no time filing a last-minute plea to the U.S. Supreme Court to delay same-sex marriages in that state after the 9th Circuit Court of Appeals struck down that state’s same-sex marriage ban on Tuesday.
Lyle Denniston at SCOTUSblog.com reports that Justice Anthony Kennedy, to whom such petitions from the 9th Circuit are directed, this morning ordered a temporary stay of the 9th Circuit Court ruling going into effect. Idaho same-sex marriages delayed (UPDATED):
UPDATED 9:47 a.m. Justice Kennedy ordered the Ninth Circuit to postpone its ruling temporarily, at least until a further order by Kennedy or by the full Supreme Court. Lawyers for same-sex couples were told to file a response by 5 p.m. Thursday to Idaho’s request. The order means that gay and lesbian couples will not be able to obtain marriage licenses in that state in the meantime.
The filing said that the state had asked the Ninth Circuit to put its ruling back on hold so that it could be challenged before the en banc Ninth Circuit and, later, before the Supreme Court. The request was submitted to Justice Anthony M. Kennedy, who handles emergency filings from the geographic area that includes Idaho. He has the option either of acting alone or of referring the request to the full Court.
In their application, Idaho officials argued that their case, if it gets to the Supreme Court, is narrower in scope than the other same-sex marriage cases that the Justices had refused to review on Monday. The questions it would raise are only preliminary to a return of the case to the Ninth Circuit, the document argued.
You will recall that the Supreme Court issued stay orders in several of the same-sex marriage appeals from the Circuit Courts that the Court dismissed on Monday without comment, finalizing those appeals. It appears to me that Justice Kennedy is setting up the same scenario here: allow an appeal from the 9th Circuit Court of Appeals to be filed, only to be dismissed by the Supreme Court as the other appeals, finalizing same-sex marriage throughout the 9th Circuit (which includes the state of Arizona).
The 9th Circuit Court of Appeals is certain to deny Idaho’s request for an en banc hearing. That leaves the U.S. Supreme Court to rule on this petition. This could take several weeks to play out due to filing deadlines. But the final outcome remains certain. It’s all over but a final decision.