[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Tuesday granted [order, PDF] Idaho’s request for a stay pending appeal of a recent decision by a federal judge to overturn the state’s ban on same-sex marriage. This essentially means that no same-sex marriages will be allowed or recognized in Idaho until the appeal is decided. Judge Andrew Hurwitz stated in the order:

It is almost certain that the Supreme Court will eventually resolve the merits of this appeal, and I do not venture to predict the Court’s ultimate conclusion. But, in light of this court’s recent decision in SmithKline Beecham Corp. v. Abbott Laboratories… I find it difficult to conclude that the Idaho ban on same-sex marriage would survive interim Ninth Circuit review. SmithKline applied “heightened scrutiny to classifications based on sexual orientation for purposes of equal protection.” … Given that high burden, it is difficult to see how the Idaho appellants can make a “strong showing” that they will prevail in their defense of a measure that denies the individual appellees the right to marry because of their sexual orientation.

The court put the case on an expedited briefing schedule, with a hearing to be held the week of September 8.

Last Thursday the Ninth Circuit temporarily stayed [JURIST report] the order finding Idaho’s same-sex marriage ban unconstitutional. Earlier last week Judge Candy Dale of the US District Court for the District of Idaho struck down [JURIST report] the laws banning same-sex marriage and the state immediately filed a motion to stay the ruling [text, PDF]. The Ninth Circuit issued a brief order granting the motion: “The district court’s May 13, 2014 order is temporarily stayed pending this court’s disposition of appellants’ emergency motions for a stay pending appeal.” Similar litigation surrounding same-sex marriage bans is occurring in other states as well, including Alaska, Arkansas, Indiana and Pennsylvania [JURIST reports].