Today Justice Sotomayor granted a stay, putting on hold (for now at least) same-sex marriages in Kansas. She called on the plaintiffs to reply by 5:00 p.m. Tuesday. This is more-or-less what has happened with every same-sex marriage appeal to date.

Does the fact that the Justice called for a response mean the appeal is not frivolous, or without merit? Is it, as the AG of Arizona said, sanctionable under Rule 11 to appeal the judgment? Seems like the Justices do not agree it is frivolous, if they bother calling for a response.