The'court announced it was lifting a temporary stay'that Justice Sonia Sotomayor had imposed Monday at the request of Kansas Attorney General Derek Schmidt. Justices Antonin Scalia and Clarence Thomas indicated they would have kept the stay in place.
In his application in'Moser v. Marie, Schmidt told the high court that the Kansas Supreme Court issued an order on Oct. 10 staying the issuance of marriage licenses to same-sex couples until it could determine the effect of the U.S. Supreme Court's'recent denial of review'in the Utah and Oklahoma same-sex marriage cases. Also at issue was an earlier state high court ruling that upheld the constitutionality of the Kansas prohibition on same-sex marriage.