SAN FRANCISCO (CN) - Idaho must lift its ban on gay marriage on Wednesday, the 9th Circuit said Monday, interrupting its Columbus Day holiday to lift the stay.
The 9th Circuit had struck down the state's voter-approved ban on same-sex marriage last week, but same-sex couples found still found themselves unable to obtain wedding licenses amid a temporary stay by the U.S. Supreme Court.
With Kennedy's order vacated late Friday, the couples asked the 9th Circuit to dissolve the stay. Gov. Butch Otter said in opposition Monday morning that he still planned to see a rehearing en banc or petition for a writ of certiorari.
Judges Stephen Reinhart, Ronald Gould and Marsha Berson ruled against Otter with a single-sentence order Monday.
The weekend also proved kind to gay and lesbian couples in Alaska challenging same-sex marriage bans in their states.
U.S. District Judge Timothy Burgess found Alaska's ban, which had been the nation's first, unconstitutional on Sunday afternoon after a Friday hearing. The state moved immediately for a stay and informed the 9th Circuit about its plans to appeal.
In Kansas meanwhile Attorney General Derek Schmidt had sought an emergency stay of an order by 10th Judicial District Judge Kevin Moriarty, directing clerk Sandra McCurdy to begin issuing marriage licenses to same-sex couples.
The Kansas Supreme Court granted Schmidt a stay Friday on the issuance of such licenses but said the clerk should continue accepting applications for marriage licenses from same-sex couples.
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