[JURIST] The US Supreme Court [official website] on Friday refused to delay [order, PDF] a federal judge’s order that would permit same-sex couples to marry in Florida after January 5, despite state officials’ pleas for the delay to be upheld. This order is the result of an early December decision by the US Court of Appeals for the Eleventh Circuit [official website], in which the judges declined to further stay [JURIST report] a lower court’s ruling that overturned Florida’s ban on same-sex marriage. Florida’s ban was struck down [JURIST report] in August. Justice Clarence Thomas and Antonin Scalia would have granted the application for stay.

The debate over the legalization of same-sex marriage [JURIST backgrounder] is one of the most contentious legal issues [JURIST op-ed] nationwide. In October the Supreme Court declined to hear [JURIST report] seven pending same-sex marriage cases, allowing those appeals court rulings to stand and effectively legalizing same-sex marriage in several states. The Supreme Court has yet to issue a nationwide ruling on same-sex marriage. In certain states, the Supreme Court’s avoidance has created confusion and legal uncertainty [JURIST op-ed]. However, the current circuit split increases the likelihood that the Supreme Court will issue a ruling in regards to same-sex marriage.