Justice admits error in gay marriage order

A Supreme Court justice did not mean to halt same-sex marriage in Nevada, a spokeswoman said, clarifying an order that could have been interpreted to include the state.

{mosads}Justice Anthony Kennedy initially released an order on Wednesday to stay the implementation of gay marriage in Idaho and Nevada. But The Associated Press reported that the court’s spokeswoman, Kathy Arberg, admitted on Thursday that Kennedy incorrectly included Nevada.

Kennedy released a new order Wednesday afternoon that lifted the ban in Nevada but kept it in place for Idaho.

A panel of judges from the 9th U.S. Circuit Court of Appeals on Tuesday overturned bans on gay marriages in Idaho and Nevada, but Idaho wants the case to be heard again by the entire court. State officials in Idaho were about to begin issuing marriage licenses to same-sex couples before Kennedy issued the latest order.

Even though Kennedy lifted the hold on Nevada, The Associated Press said the state wouldn’t issue licenses to same-sex couples until “the legal situation was settled.” Kennedy is considering a freeze on same-sex marriages in Nevada after an anti-gay-marriage advocacy group filed an emergency request. The justice has given lawyers until 5 p.m. Thursday to respond to the new request.

The 9th Circuit Court ruled just days after the Supreme Court effectively allowed gay marriage in five states by declining to hear appeals. Circuit courts in Indiana, Utah, Virginia, Oklahoma and Wisconsin all overturned bans on same-sex marriage, so those rulings take effect after the Supreme Court declined the appeals.

Idaho’s case wasn’t affected by the Supreme Court’s inaction on the appeals, but advocates on both sides will watch to see if the 9th Circuit grants the rehearing request. Many legal experts predict that the Supreme Court will only review a same-sex marriage case if appeals courts are split on the issue. So far, that’s not been the case, as all appeals courts have ruled gay-marriage bans unconstitutional.