So does any other judge striking down a ban on SSM now have to stay their ruling?

January 6th, 2014

I mean, the Court didn’t say so explicitly, but it seems clear that the Justices want this issue to be fully briefed and percolated in the lower courts before marriage license are issued. I expect any future district court judges who find state bans on SSM unconstitutional to stay their rulings. Or, it is likely the Supreme Court will stay it eventually, as they did in Utah.