Idaho and Nevada!

To put a generous dollop of icing on yesterday's sweet cake... The 9th Circuit ruled that the same-sex marriage bans in Idaho and Nevada are unconstitutional. Those who watched the hearing are not at all surprised. So these two states jumped ahead of the tag-along states (NC, SC, WV, KS, WY) from yesterday's Supreme (in)action and bring three more states of the 9th Circuit into play – Alaska, Arizona, and Montana.

The next question is whether there will be a stay. The answer: highly unlikely. The 9th Circuit won't issue one. And if the Supremes issue one they're right back into the situation they just got out of.

We haven't heard yet from the 5th (TX, LA, MS), 6th (MI, OH, KY, TN), 8th (MO, NE, ND, SD), and 11th (GA, AL, FL) Circuits. So, yeah, there are 8 tag-along states and only 14 states beyond that.

As for one of those tag-along states, a same-sex couple applied for a marriage license in Kansas and were denied. That is grounds for a lawsuit. Gov. Sam Brownback declared he will remain defiant.

That 9th Circuit ruling has a great footnote that rebuts the claims of the governor of Idaho, which had a central role in their reasoning for their ban.

He also states, in conclusory fashion, that allowing same-sex marriage will lead opposite-sex couples to abuse alcohol and drugs, engage in extramarital affairs, take on demanding work schedules, and participate in time-consuming hobbies. We seriously doubt that allowing committed same-sex couples to settle down in legally recognized marriages will drive opposite-sex couples to sex, drugs, and rock-and-roll.