SCOTUS blocks same-sex marriage in Idaho

The seemingly unstoppable juggernaut toward same-sex marriage rights across the country was halted briefly Wednesday after Supreme Court Justice Anthony Kennedy blocked a federal appeals court ruling that voided same-sex marriage bans in Nevada and Idaho.

However, hours later, Kennedy narrowed the stay to the Idaho cases, effectively allowing same-sex marriages to go forward in Nevada.

Acting on an emergency application from Idaho officials, Kennedy issued a one-page order Wednesday morning staying the ruling the 9th Circuit U.S. Court of Appeals released Tuesday.

Kennedy's order offered no rationale for the stay but instructed those challenging the gay-marriage bans to file a response by Thursday afternoon to Idaho's request.

Kennedy is likely to refer Idaho's application to the other justices, so the ultimate resolution could provide another clue about the justices' willingness to wade into the same-sex marriage issue. On Monday, the high court dismissed petitions challenging rulings voiding same-sex marriage bans in Virginia, suggesting a lack of interest in delving back into the question.

Before Kennedy acted, it appeared the new 9th Circuit decision would bring the number of states recognizing same-sex marriage to 32 in short order and to 35 if the courts applied the ruling in three other 9th Circuit states that have not permitted gay marriage: Arizona, Alaska and Montana.

However, in the wake of the second order from Kennedy Wednesday, it appeared that the tally of states allowing same-sex marriage would instead rise to 31.

The second order (posted here) also gave no rationale for the change, but a court spokesman said no one had actually filed anything with the high court to asking it to block the 9th Circuit's ruling on the Nevada case.

UPDATE (Wednesday, 3:41 P.M.): This post has been updated with details of Kennedy's second order.