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Tuesday, October 7, 2014

Calm Down Everyone

Yes, Justice Kennedy did grant an injunction preventing same sex marriages in Idaho and Nevada, but this is a fairly standard technical ruling to allow the Idaho AG to file an appeal:

With same-sex couples in Idaho legally free to seek marriage licenses this morning, state officials filed a last-minute plea to the Supreme Court to delay that opportunity. The plea came hours after the U.S. Court of Appeals for the Ninth Circuit had struck down Idaho’s ban on gay and lesbian marriages, and then had put its ruling into immediate effect.

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.
Originally this ruing included Nevada, but this appears to have been in error, as Kennedy subsequently limited the scope of the injunction to just Idaho:
UPDATE 3:18 p.m. Justice Kennedy on Wednesday afternoon issued a revised order, limiting the postponement to the situation in Idaho, thus excluding Nevada. That puts back into effect a Ninth Circuit ruling nullifying the Nevada ban, and thus clears the way for issuing marriage licenses in that state to gay and lesbian couples. The order contained no explanation of the change, but it apparently was due to the captions the Ninth Circuit had put on its order putting its decision into effect. Lawyers for a gay rights advocacy group, Lambda Legal, had asked for a clarification of the earlier Kennedy order.
Basically this is limited, and should be (relatively) short term, to allow for Idaho to file for either an en banc hearing from the Ninth Circuit or an appeal to the Supreme Court.

Obviously, committed couples in Idaho must be bumming, but this is a procedural move without a much long term significance.

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