Justice Kennedy Temporarily Blocks Pro-Gay Marriage Ruling in Idaho

Yesterday the U.S. Court of Appeals for the 9th
Circuit
invalidated gay marriage bans in the states of Idaho and
Nevada. Idaho then filed an emergency plea to the Supreme Court,
asking for that ruling to be put on hold while the state files an
appeal. Today Justice Anthony Kennedy
ordered that the 9th Circuit’s ruling be stayed “pending
further order of the undersigned [Kennedy] or of the Court.” He
also ordered a response to the state’s plea from the lawyers for
the victorious same-sex couples.

What does this mean? Kennedy’s actions may signal the Court’s
interest in eventually hearing this case on appeal. Although the
Court did just
turn down seven gay marriage petitions originating from five
other states, the 9th Circuit’s ruling is notable for subjecting
the Idaho and Nevada gay marriage bans to “heightened scrutiny,”
one of the more aggressive forms of judicial review. Other federal
appellate courts, by contrast, have adopted what’s called
rational-basis review, which is the most deferential towards state
officials. This
methodological split among the federal circuits could prompt
the Supreme Court to weigh in on the merits of a gay marriage
ban.