Officials in Idaho and Nevada have asked the U.S. Supreme Court to stop same-sex marriage in those states , at least temporarily , by barring implementation of a federal appeals court ruling issued Tuesday . The 9th Circuit U.S. Court of Appeals struck down current bans on same-sex marriage in the two states , and later ordered its ruling to go into effect immediately . Idaho officials then asked the high court to intervene on an emergency basis and block enforcement of that lower court mandate . Nevada then followed suit . Justice Anthony Kennedy earlier Wednesday temporarily granted Idaho 's request , and is considering Nevada 's similar application . Same-sex couples in both states who brought the original lawsuit will now have time to respond in writing , over whether a longer stay should remain in effect while the case is litigated . `` I 'm pleased that Justice Kennedy has given us the opportunity to make our case in a way that helps avoid the confusion some other states have faced , '' said Idaho Gov . C.L . `` Butch '' Otter in a statement . `` I intend to be faithful to my oath of office and keep working to protect the Idaho Constitution and the mandate of Idaho voters in support of traditional marriage . '' The case is the latest in a series of rapidly evolving legal events this week on the controversial social issue . In a surprise move Monday , the justices refused to get involved now in the constitutional debate over same-sex marriage . That decision allowed same-sex couples to wed legally in five states -- Virginia , Utah , Oklahoma , Indiana , and Wisconsin . Utah is among the states where marriage licenses were issued to same-sex couples for a brief period before stays were issued by the courts earlier this year , leaving a good deal of uncertainty over whether those marriages were valid . A three-judge panel from the 9th Circuit U.S. Court of Appeals had concluded the bans in Idaho and Nevada violated the equal protection rights of homosexuals to legally marry . `` The lessons of our constitutional history are clear : inclusion strengthens , rather than weakens , our most important institutions , '' said the judges . `` When same-sex couples are married , just as when opposite sex couples are married , they serve as models of loving commitment to all . '' Following what the Supreme Court did a day earlier , at least 32 states and perhaps three more could allow same-sex marriage in coming weeks , an increase of at least 13 states since the beginning of the month . Colorado and Utah announced Tuesday it would order county clerks to begin issuing marriage licenses to same-sex couples . The decisions affecting Idaho and Nevada become the fourth such federal appeals court to strike down voter-approved bans since June .
A federal appeals court June struck down five states ' ban on same-sex marriage . Nevada and Idaho officials then asked the 9th Circuit U.S. Court of Appeals to intervene . Idaho granted request temporarily ; Nevada 's pending .