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Kennedy Allows Gay Marriage in Nevada

Lifts postponement but not in Idaho.

Supreme Court Justice Anthony Kennedy revised his original postponement order Wednesday afternoon, allowing gay marriage to proceed in Nevada. His stay on a lower court's ruling that lifted Idaho's ban on gay marriage still holds for now. On Tuesday, the U.S. Circuit Court of Appeals had declared gay marriage bans in both states to be unconstitutional, which was just one day after the Supreme Court rejected appeals that effectively legalized gay marriage in dozens of states. Early Wednesday morning, Idaho officials filed papers in the Ninth Circuit that the mandate to implement the decision be recalled. In response, Kennedy inititially ordered a postponement on gay marriage be applied to both Idaho and Nevada. In light of his new motions, same-sex couples in Nevada should be able to receive marriage licenses. The Court gave no explanation for why Kennedy revised his original ruling.