Wednesday, October 08, 2014

9th Circuit's Invalidation of Idaho and Nevada Same-Sex Marriage Bans Temporarily Stayed By Justice Kennedy

U.S. Supreme Court Justice Anthony Kennedy today temporarily stayed the 9th Circuit's mandate yesterday invalidating same-sex marriage bans in Idaho and Nevada. (Full text of order.) Even though only Idaho officials applied for the stay, Justice Kennedy's to stays the 9th Circuit's mandate in the Nevada case as well. Nevada officials had withdrawn their answering briefs in the 9th Circuit, conceding that discrimination against same-sex couples is unconstitutional.  Justice Kennedy's order calls for those opposing the bans to file a response by 5 p.m. tomorrow. NPR reports on Justice Kennedy's action.