Kennedy’s move on Wednesday doesn’t necessarily mean the Court has had a change of heart and decided to consider the issue. It’s possible he’s merely letting the process play out and giving Idaho and the gay couples a chance to formally have their say before the justices decide whether to hear the case.
It’s gotta be fun being the swing vote, attracting so much attention and stuff.
Marriage, not to be confused with Holy Matrimony, is a legal contract requiring a license issued by the state. As such, it is inherently unconstitutional to deny same-sex couples the right to enter into such a contract that is afforded every other consenting couple of legal age.