U.S. Supreme Court Justice Anthony Kennedy granted Idaho’s request for an emergency temporary stay on the immediate legalization of same-sex marriage. The Latah County Clerk’s office received notice Wednesday morning at 7:20 a.m., 40 minutes before the office would have began issuing marriage licenses to same-sex couples.
Idaho Gov. C.L. “Butch” Otter requested the stay after a federal appeals court struck down Idaho’s ban on same-sex marriage Tuesday, on the basis that the ban violated equal protection rights for same-sex couples.
According to Latah County Clerk Susan Petersen, the question of same-sex marriage in Idaho is back in the hands of the Supreme Court.
“There are a couple things that could happen,” Petersen said. “The U.S. Supreme Court could say again, ‘we’re not going to hear this.’ If they don’t take immediate action, we don’t know how long it could take. It could be next June.”
The stay expires 5 p.m. Thursday, giving attorneys until then to present their arguments to the Supreme Court. According to Latah County Prosecuting Attorney Bill Thompson, both Otter and the Idaho Attorney General have their own attorneys and there are at least six plaintiffs in the case.
If the stay expires without a decision from the Supreme Court, the 9th Circuit Court’s Tuesday decision will go back into effect.