U.S. Associate Justice Sonia Sotomayor has placed a temporary hold on same-sex marriage in Kansas until the full court decides on whether to extend the stay on gay nuptials in the state.
In a one-page order later Monday, Sotomayor, who’s responsible for stay requests in the Tenth Circuit, announces a preliminary injunction against the Kansas marriage ban is placed on hold pending further order of the court. Further, she calls for responses to the stay from attorneys involved in the litigation at hand, Moser v. Marie, by Tuesday at 5 pm.
Had Sotomayor not instituted the stay, same-sex couples would have been able to wed in Kansas starting Tuesday at 5 pm Central Time (7 pm Eastern Time) as a result of an order by U.S. District Judge Daniel Crabtree. It’s still possible same-sex couples to wed at that time if the Supreme Court acts quickly to lift its stay.
The stay was put in place following a request from Kansas Attorney General Derek Schmidt to place on hold same-sex marriages in the state until the Kansas Supreme Court makes a ruling in a case related to gay nuptials.
The U.S. Tenth Circuit Court of Appeals had denied an earlier stay request from Schmidt, prompting him to appeal his request to the Supreme Court.
It remains to be seen what action the Supreme Court will take. Following its earlier refusal to review court rulings in favor of same-sex marriage, the court denied requests to extend stays on court decisions on marriage in Alaska and Idaho.
But the court may reconsider it decision to let same-sex marriages continue in additional case now that it may take up the merits of the issue after a ruling against same-sex marriage in four states by the U.S. Sixth Circuit Court of Appeals.
UPDATE: The district court stay on same-sex marriage in Kansas dissolved at 5 pm Central Time on Tuesday, but as of that time the Supreme Court had yet to take additional action. The stay put in place by Sotomayor remains in effect.