NEVADA: Anti-Gay Group Joins Idaho’s Petition For En Banc Review By Ninth
UPDATE: Marriages Are Back On In Nevada

The Coalition For The Protection Of Marriage, who defended Nevada’s marriage ban after the governor and attorney general dropped their appeals, has joined Idaho Gov. Butch Otter’s request for an emergency stay until an en banc rehearing by the Ninth Circuit Court.

Early this morning Supreme Court Justice Anthony Kennedy issued a stay order that some media outlets are reporting as applying to both Idaho and Nevada. There is considerable chatter among the legal eagles as to whether that was Kennedy’s intent, but in the meantime no marriages will take place today in Nevada.

Officials at Lambda Legal, the gay rights advocacy organization that argued the Nevada case on behalf of eight same-sex couples, noted that only Idaho sought the stay. Jon Davidson, the group’s legal director, called for the nation’s highest court to clarify whether Nevada can issue marriage licenses. He argued the Nevada and Idaho cases had been consolidated only for purposes of Tuesday’s decision, and that Nevada’s inclusion in the stay may have been a mistake. “Nothing prevents clerks in Nevada from proceeding to issue licenses today,” he said. Nevada didn’t seek a stay. Gov. Brian Sandoval and state Attorney General Catherine Cortez Masto issued a joint statement late Tuesday saying the state would take no further action. Sandoval, a Republican former federal district judge, said he determined the state had no way to defend its position after an appeals court ruling in another case in February.

Nevada marriages will go on late today or tomorrow if Kennedy indicates that his order only applies to Idaho. That won’t likely happen, however, if the above petition is granted.

UPDATE: Go get your hair did, Nevada.