WASHINGTON (AP) — Supreme Court Justice Anthony Kennedy mistakenly blocked the start of same-sex marriage in Nevada in an order that spawned confusion among state officials and disappointment in couples hoping to be wed.
Court spokeswoman Kathy Arberg confirmed this mix-up Thursday, saying Kennedy’s order issued a day earlier was an error that the justice corrected with a second order several hours later.
By that time, however, Nevada officials had decided to hold off on issuing marriage licenses to same-sex couples Wednesday until they could be certain the legal situation was settled.
The 9th U.S. Circuit Court of Appeals in San Francisco declared bans on same-sex marriage in Idaho and Nevada illegal on Tuesday. Idaho quickly asked the Supreme Court for a delay, but Nevada planned to allow same-sex weddings to proceed.
The trouble arose because Idaho’s request to the court included a document from the appeals court that listed case numbers for both states.
The Supreme Court received the request around 8:30 a.m. EDT on Wednesday and Kennedy issued his order about 80 minutes later, 10 minutes before he and the other justices took the bench to hear arguments.
After lawyers and reporters sought clarification of the order, Kennedy put out a new order that began, “Upon further consideration…” He lifted his hold as it applied to Nevada, but left it in place for Idaho.
The Idaho order remains in effect, although Kennedy gave lawyers for same-sex couples until 5 p.m. EDT Thursday to explain why he should end the delay in Idaho as well. Meanwhile, an anti-gay marriage group in Nevada has asked Kennedy to keep a hold on marriage there. The other side’s response to that request also is due at 5 p.m. Thursday.
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Kennedy’s order concerning Idaho was a mistake, too----he just hasn’t figured it out yet.
Sounds like Kennedy needs better clerks—or retirement.
Possibly both.
The Idaho case had the governor (wife’s name really is “Gay Otter”) and AG asking for an en banc hearing… it’s pro-forma to allow for a temporary stay until that matter is cleared up. Frustrating, but part of the kabuki dance.
In the case of Nevada, neither the gov nor the AG were pursuing an appeal, but this “mistake” allowed a third party to potentially intervene…
I’m betting that Kennedy will let the full 9th refuse the en banc hearing and then close the matter and slap down the Nevada intervention by the weekend.
“Meanwhile, an anti-gay marriage group in Nevada has asked Kennedy to keep a hold on marriage there. The other side’s response to that request also is due at 5 p.m. Thursday.”
Easy response: the anti-gay marriage group has no standing. This was already decided in the Prop H8 case.
Yep. This is just crossing all the t’s and dotting all the i’s.
Edit: considering all of Kennedy’s boo-boos in this matter, it may be dotting the t’s and crossing the i’s.
Gay Otter was his previous wife.
He current wife is a much newer model, young enough to be his daughter.