Court says it erred in halting Nevada gay marriage

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Court says it erred in halting Nevada gay marriage
Dayvin Bartolome, right, kisses his husband Daniel Carroll after they got married at the Vegas Weddings chapel Thursday, Oct. 9, 2014, in Las Vegas. Thursday was the first day same-sex marriages were allowed in Nevada. (AP Photo/John Locher)
Dayvin Bartolome, right, kisses his husband Daniel Carroll as they pose for their wedding photos at the Vegas Weddings chapel Thursday, Oct. 9, 2014, in Las Vegas. Thursday was the first day same-sex marriages were allowed in Nevada. (AP Photo/John Locher)
Sherwood Howard, right, and Nevada state Sen. Kelvin Atkinson get married by Nancy Allf, a district court judge, outside of the Marriage License Bureau Thursday, Oct. 9, 2014, in Las Vegas. The two has just obtained a same-sex marriage license and were the first same-sex couple married in Las Vegas. (AP Photo/John Locher)
Sherwood Howard, second from right, and Nevada state Sen. Kelvin Atkinson hold hands before they get married outside of the Marriage License Bureau Thursday, Oct. 9, 2014, in Las Vegas. The two has just obtained a same-sex marriage license and were the first same-sex couple married in Las Vegas. (AP Photo/John Locher)
Nevada State Sen. Kelvin Atkinson cries as he gets a hug outside of the Marriage License Bureau, Thursday, Oct. 9, 2014, in Las Vegas. Atkinson had just married his partner Sherwood Howard. (AP Photo/John Locher)
LAS VEGAS, NV - OCTOBER 08: Tara Traynor (L) and Cathy Grimes, both of Nevada, display a line pass they received after waiting in line for several hours to find out if they would be issued a marriage license at the Clark County Marriage License Bureau on October 8, 2014 in Las Vegas, Nevada. On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that Nevada and Idaho's ban on same-sex marriages was unconstitutional. On Wednesday afternoon, Supreme Court Justice Anthony Kennedy lifted a temporary hold he imposed on same-sex weddings in Nevada earlier in the day by clarifying that the order applies only to Idaho where state officials requested a delay. But later on Wednesday, a Nevada group supporting a ban on gay marriage filed for a stay in the Nevada case. A Clark County spokesman then issued a statement saying the issuance of marriage licenses to same-sex couples was on hold due to pending motions in the courts. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - OCTOBER 09: Thomas Topovski (L) and his partner Jefferson Ruck, both of Nevada, react at the Clark County Marriage Bureau as it is announced that the county would begin issuing licenses to same-sex couples on October 9, 2014 in Las Vegas, Nevada. The county began issuing the licenses after a conservative group removed its opposition to the ruling on October 7 by the 9th U.S. Circuit Court of Appeals that Nevada and Idaho's ban on same-sex marriages was unconstitutional. (Photo by Ethan Miller/Getty Images)
Sherwood Howard, right, and Nevada State Sen. Kelvin Atkinson hold hands before they get married outside of the Marriage License Bureau, Thursday, Oct. 9, 2014, in Las Vegas. The two had just obtained a same-sex marriage license and were the first same-sex couple married in Las Vegas. (AP Photo/John Locher)
LAS VEGAS, NV - OCTOBER 08: Antioco Carrillo (L) and Theo Small wait outside the Clark County Marriage License Bureau on October 8, 2014 in Las Vegas, Nevada. On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that Nevada and Idaho's ban on same-sex marriages was unconstitutional. Carrillo and Small are one of the eight same-sex plaintiff couples in the Sevcik v. Sandoval case challenging Nevada's ban on gay marriage. On Wednesday afternoon, Supreme Court Justice Anthony Kennedy lifted a temporary hold he imposed on same-sex weddings in Nevada earlier in the day by clarifying that the order applies only to Idaho where state officials requested a delay. But later on Wednesday, a Nevada group supporting a ban on gay marriage filed for a stay in the Nevada case. A Clark County spokesman then issued a statement saying the issuance of marriage licenses to same-sex couples was on hold due to pending motions in the courts. (Photo by Ethan Miller/Getty Images)
Joshua Gunter, right, and Bryan Shields attend a rally to celebrate an appeals court ruling that overturned Nevada's gay marriage ban Tuesday, Oct. 7, 2014, in Las Vegas. (AP Photo/John Locher)
LAS VEGAS, NV - OCTOBER 08: Cathy Grimes (L) and Tara Traynor, both of Nevada, wait to find out if they will be issued a marriage license at the Clark County Marriage License Bureau on October 8, 2014 in Las Vegas, Nevada. On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that Nevada and Idaho's ban on same-sex marriages was unconstitutional. On Wednesday afternoon, Supreme Court Justice Anthony Kennedy lifted a temporary hold he imposed on same-sex weddings in Nevada earlier in the day by clarifying that the order applies only to Idaho where state officials requested a delay. But later on Wednesday, a Nevada group supporting a ban on gay marriage filed for a stay in the Nevada case. A Clark County spokesman then issued a statement saying the issuance of marriage licenses to same-sex couples was on hold due to pending motions in the courts. (Photo by Ethan Miller/Getty Images)
David Parry, left, and Morgan Floyd wait in line at the Marriage License Bureau Wednesday, Oct. 8, 2014, in Las Vegas. The two were waiting for an hour and a half to see if they would be able to obtain a same-sex marriage license. (AP Photo/John Locher)
Tara Traynor, center right, embraces her partner Cathy Grimes while waiting in line for a same sex marriage license at the Marriage License Bureau, Wednesday, Oct. 8, 2014, in Las Vegas. The couple, along with several other same sex couples, waited in line for two hours before they found out they couldn't get a license. (AP Photo/John Locher)
Sherwood Howard, left, cries as he hugs Nevada state Senator Kelvin Atkinson during a rally to celebrate an appeals court ruling that overturned Nevada's gay marriage ban Tuesday, Oct. 7, 2014, in Las Vegas. Atkinson proposed to Howard when he had heard about the ruling Tuesday. (AP Photo/John Locher)
Georgia Covey, left, embraces her partner Anna Singson while waiting in line for a same sex marriage license at the Marriage License Bureau Wednesday, Oct. 8, 2014, in Las Vegas. The couple, along with several other same sex couples, waited in line for two hours before they found out they couldn't get a license. (AP Photo/John Locher)
Thomas Topovski, left, and his partner Jefferson Ruck, right, wait in line at the Marriage License Bureau, Wednesday, Oct. 8, 2014, in Las Vegas. The two were waiting for an hour and a half to see if they would be able to obtain a same-sex marriage license. (AP Photo/John Locher)
Nevada state Senator Kelvin Atkinson rubs tears from the eyes of Sherwood Howard during a rally to celebrate an appeals court ruling that overturned Nevada's gay marriage ban Tuesday, Oct. 7, 2014, in Las Vegas. Atkinson proposed to Howard when he had heard about the ruling Tuesday. (AP Photo/John Locher)
Mercy Leonard, left, embraces Gwen Leonard during a rally to celebrate an appeals court ruling that overturned Nevada's gay marriage ban, Tuesday, Oct. 7, 2014, in Las Vegas. The two married in Washington D.C. in 2012. (AP Photo/John Locher)
Farrell Cafferata-Jenkins, left, of Carson City, Nev., comforts her son Quinn, 9, after a hearing on gay marriage outside of the 9th U.S. Circuit Court of Appeals on Monday, Sept. 8, 2014, in San Francisco. Farrell and her partner Caren married in California but are yet to be recognized as a married couple in Nevada. (AP Photo/Marcio Jose Sanchez)
Tara Newberry, at left, her partner Adele, and their children Evan, bottom left, 4, and Emily wait outside of the U.S. Ninth District Court of Appeals on Monday, Sept. 8, 2014, in San Francisco. The couple are Nevada residents and married in California in 2008. They are seeking legal recognition of their marriage from the state of Nevada. For the first time since it declared California's gay marriage ban unconstitutional, the federal appeals court in San Francisco is readying to hear arguments over same-sex weddings in a political and legal climate that's vastly different than when it overturned Proposition 8 in 2012. (AP Photo/Marcio Jose Sanchez)
FILE - This undated file image provided by Lambda Legal shows plaintiffs and same-sex couple Beverly Sevcik, right, and Mary Baranovich. The same-sex marriage debate returns Monday Sept. 8, 2014, to the same San Francisco federal appeals court that has already issued two significant rulings in support of gay weddings. The 9th U.S. Circuit Court of Appeals will consider separate lawsuits stemming from gay marriage bans in Idaho, Nevada and Hawaii. So far, 19 states and Washington D.C. now allow gay marriages even though the U.S. Supreme Court has yet to directly rule on whether states can impose bans. (AP Photo/Lambda Legal, File)
In this Aug. 26, 2014 photo, Greg Flamer plays with daughter Hudson Whitwell as his partner Fletcher Whitwell sits nearby at their home in Las Vegas. The couple are plaintiffs in a case before the 9th Circuit Court of Appeals to overturn Nevada's gay marriage ban. (AP Photo/John Locher)
Megan Lanz, left, and her partner, Sara Geiger, take a break from playing with their 3-year-old daughter Jordan (not pictured) at their home, Sunday, April 29, 2012, in Las Vegas. On Thursday, Nov. 29, 2012, a federal judge upheld Nevada's ban on same-sex marriage ruling that it has a legitimate state interest in maintaining the traditional institution of civil marriage as between one man and one woman. Geiger and Lanz have been together since 2005 and are one of several couples listed as plaintiffs in the case. (AP Photo/Julie Jacobson)
LAS VEGAS, NV - OCTOBER 08: Clark County Clerk Diana Alba (C) tells members of the media that no marriage licenses would be issued at the Clark County Marriage License Bureau on October 8, 2014 in Las Vegas, Nevada. On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that Nevada and Idaho's ban on same-sex marriages was unconstitutional. On Wednesday afternoon, Supreme Court Justice Anthony Kennedy lifted a temporary hold he imposed on same-sex weddings in Nevada earlier in the day by clarifying that the order applies only to Idaho where state officials requested a delay. But later on Wednesday, a Nevada group supporting a ban on gay marriage filed for a stay in the Nevada case. A Clark County spokesman then issued a statement saying the issuance of marriage licenses to same-sex couples was on hold due to pending motions in the courts. (Photo by Ethan Miller/Getty Images)
LAS VEGAS, NV - OCTOBER 08: Nevada state Sen. Kelvin Atkinson (L) and Sherwood Howard wait outside the Clark County Marriage License Bureau on October 8, 2014 in Las Vegas, Nevada. On Tuesday, the 9th U.S. Circuit Court of Appeals ruled that Nevada and Idaho's ban on same-sex marriages was unconstitutional. Atkinson proposed to Howard on Tuesday night. On Wednesday afternoon, Supreme Court Justice Anthony Kennedy lifted a temporary hold he imposed on same-sex weddings in Nevada earlier in the day by clarifying that the order applies only to Idaho where state officials requested a delay. But later on Wednesday, a Nevada group supporting a ban on gay marriage filed for a stay in the Nevada case. A Clark County spokesman then issued a statement saying the issuance of marriage licenses to same-sex couples was on hold due to pending motions in the courts. (Photo by Ethan Miller/Getty Images)
Jefferson Ruck, center, and Thomas Topovski, left react with others as they hear they can get a marriage license at the Marriage License Bureau Thursday, Oct. 9, 2014, in Las Vegas. The two were one of the first few couples to get a same-sex marriage license in Las Vegas. (AP Photo/John Locher)
LAS VEGAS, NV - OCTOBER 09: Juan Ortega wears stickers in support of same-sex marriage outside the Clark County Marriage Bureau on October 9, 2014 in Las Vegas, Nevada. The county began issuing licenses to same-sex couples after a conservative group removed its opposition to the ruling on October 7 by the 9th U.S. Circuit Court of Appeals that Nevada and Idaho's ban on same-sex marriages was unconstitutional. (Photo by Ethan Miller/Getty Images)
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WASHINGTON (AP) - Supreme Court Justice Anthony Kennedy mistakenly blocked the start of same-sex marriage in Nevada in an order that spawned confusion among state officials and disappointment in couples hoping to be wed.

Court spokeswoman Kathy Arberg confirmed this mix-up Thursday, saying Kennedy's order issued a day earlier was an error that the justice corrected with a second order several hours later.

By that time, however, Nevada officials had decided to hold off on issuing marriage licenses to same-sex couples Wednesday until they could be certain the legal situation was settled.

The 9th U.S. Circuit Court of Appeals in San Francisco declared bans on same-sex marriage in Idaho and Nevada illegal on Tuesday. Idaho quickly asked the Supreme Court for a delay, but Nevada planned to allow same-sex weddings to proceed.

The trouble arose because Idaho's request to the court included a document from the appeals court that listed case numbers for both states.

The Supreme Court received the request around 8:30 a.m. EDT on Wednesday and Kennedy issued his order about 80 minutes later, 10 minutes before he and the other justices took the bench to hear arguments.

After lawyers and reporters sought clarification of the order, Kennedy put out a new order that began, "Upon further consideration..." He lifted his hold as it applied to Nevada, but left it in place for Idaho.

The Idaho order remains in effect, although Kennedy gave lawyers for same-sex couples until 5 p.m. EDT Thursday to explain why he should end the delay in Idaho as well. Meanwhile, an anti-gay marriage group in Nevada has asked Kennedy to keep a hold on marriage there. The other side's response to that request also is due at 5 p.m. Thursday.

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