A reporter for the blog covering the Supreme Court, "Scotusblog" says the state of Idaho likely faces an uphill battle in convincing justices that their case against gay marriage is any different than the seven states the court turned away Monday.
Lyle Denniston says how the Supreme Court views the uniqueness of Idaho's arguments against same-sex marriage will likely determine whether the court keeps a stay in place.
Justice Anthony Kennedy issued the stay early Wednesday and kept Tuesday's 9th U.S. Circuit Court of Appeals decision from taking effect.
Gay couples who woke up hopeful they would get married Wednesday, couldn't.
Denniston says after the Supreme Court decided Monday not to take up similar cases from other states, Idaho attorneys have had to try and make their case seem different.
"They have tried to say that we are raising issues different from those that were raised on Monday," Denniston says. "I would guess that the court might not find that very persuasive."
Denniston thinks the Supreme Court will ultimately deny review in Idaho's case - a repeat of Monday's surprising decision from the court.
"Because we still don't have a split in the federal appeals courts on this issue."
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