Richard Wolf

USA TODAY

WASHINGTON — The Supreme Court temporarily blocked gay marriages in Idaho and Nevada Wednesday after a last-minute appeal by Idaho state officials. Hours later, the stay was lifted for Nevada -- and then requested by opponents there.

The first order, signed by Justice Anthony Kennedy, affected only those two states — not the states affected by Monday's Supreme Court ruling that allowed gay marriages to go forth in other parts of the nation.

The 9th Circuit Court of Appeals on Tuesday had followed the high court case by striking down same-sex marriage bans in Idaho and Nevada. Only Idaho asked the Supreme Court to issue a stay; the initial order appeared to include Nevada because the appeals court had consolidated the two cases.

But within hours and amid much confusion, Kennedy issued another order making clear that marriages were blocked in Idaho and not Nevada — home to Las Vegas, the so-called marriage capital of the world. At that point, gay marriage opponents in Nevada requested a stay, but they may not have the same rights as Idaho state officials.

As a result, while marriages can continue in the five states affected by Monday's Supreme Court action — Virginia, Indiana, Wisconsin, Oklahoma and Utah — they are blocked in Idaho, at least for a few days. Gay marriage proponents have until 5 p.m. Thursday to respond to Idaho's request.

Lambda Legal, which represents same-sex couples in the Nevada case, had said Kennedy's action should not apply to Nevada, where state officials did not challenge the appeals court decision. It asked the Supreme Court for clarification, and the revised order followed.

Kennedy's action came as the high court was about to hear two hours of oral arguments on unrelated cases, and about 10 minutes before Idaho said it would have been required to begin issuing marriage licenses. Same-sex couples in both states were eager to begin the nuptials.

The Supreme Court refused to hear appeals from five states Monday, clearing the way for appeals court decisions striking down same-sex marriage bans to go into effect.

Those decisions technically extend throughout the regions covered by the 4th, 7th and 10th circuits — most likely meaning that North Carolina, South Carolina, West Virginia, Colorado, Wyoming and Kansas will have to legalize gay marriage in the coming weeks. A judge in one Kansas county late Wednesday ordered officials to begin issuing marriage licenses.

Likewise, the 9th Circuit ruling on Idaho and Nevada will eventually extend to Alaska, Arizona and Montana unless it is successfully appealed — which appears highly unlikely, given the Supreme Court's action Monday.

Still, conservatives perked up at the sight of Kennedy — the court's swing vote and the justice who authored its last three gay-rights rulings — giving Idaho officials, at least temporarily, the right to state their case.

"In the coming week, we may all find out how one man holds gay marriage, the 14th Amendment and the life of the 10th Amendment in his hands," said Richard Kelsey, assistant dean at George Mason University School of Law.

"This matter ought to be heard by the full court, and this instance presents it with a unique opportunity to step up and do its job, just days after it refused to do so. The Supreme Court has a mulligan on this issue, and now it ought to tee this matter up."