The U.S. Supreme Court has turned down Idaho’s request for an appeal of the 9th Circuit’s ruling that the state’s marriage ban is unconstitutional.
The order allows a federal appeals court decision issued Tuesday to take effect in Idaho, just as it did in Nevada. Three other states without gay marriage—Arizona, Montana and Alaska—are affected by the ruling, but state officials have not given up hope of blocking gay marriages there.
The high court’s order denies Idaho officials the chance to block marriages while making their full case to the justices. In Utah, Oklahoma, Virginia, Indiana and Wisconsin, marriages were blocked during the appeals process. When the justices decided not to hear those cases, the appeals court rulings became final and marriages began.
Idaho’s appeal is likely to meet the same fate. The high court appears disinclined to take on a gay marriage case unless one of the federal appeals courts splits from those that have ruled thus far and upholds state laws or constitutional amendments.
It’s unclear how soon marriage licenses can be issued. Technically, the 9th Circuit recalled its mandate for marriages to go forward when Justice Kennedy ordered the stay, so to avoid confusion, the lower court could should re-issue the mandate. But very soon, Idaho too will join the 21st century.
