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Spokane, Washington  Est. May 19, 1883

Eye On Boise

Supreme Court: Stay application is denied, Kennedy’s orders vacated

The U.S. Supreme Court has just issued an order in Idaho's same-sex marriage case; you can read it here. It's not long; it just says, "The application for stay presented to Justice Kennedy and by him referred to the Court is denied. The orders heretofore entered by Justice Kennedy are vacated."

That means Justice Anthony Kennedy, who had issued a temporary stay to half gay marriages from starting in Idaho, referred the question to the full court, and they decided against the stay. It's not yet clear what that means as far as when same-sex marriages could begin in Idaho. The 9th Circuit Court of Appeals, after Kennedy issued his stay, recalled its "mandate" that put its decision declaring Idaho's gay marriage ban unconstitutional into effect immediately. So if the 9th Circuit takes no further action today, there still could be some delays. The state is planning appeals including a request for a full-court hearing at the 9th Circuit and a full-scale appeal to the U.S. Supreme Court. 

Betsy Z. Russell
Betsy Z. Russell joined The Spokesman-Review in 1991. She currently is a reporter in the Boise Bureau covering Idaho state government and politics, and other news from Idaho's state capital.

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