John Gallagher at Queerty thinks so:
This time, however, the entire court considered the request for a stay. And in a telling action, only two justices-Antonin Scalia (of course) and Clarence Thomas-would have taken the request. That means seven justices let marriage equality take effect in Florida, including two-Chief Justice John Roberts and Samuel Alito-who dissented from the Supreme Court’s Windsor ruling.
Now, it’s entirely possible that Roberts and Alito saw the request as a narrow legal issue that the Court had no reason to get involved with. But in general they’re not especially willing to place legal reasoning above political ideology. Apparently, they don’t object to marriage equality on legal principle, or at least not enough to try to stop it in its tracks. If they wanted to take a stand, this would have been the chance. Instead, they took a pass. Which is a pretty strong signal that the majority feels that the issue is largely settled. Because there are conflicting rulings, the Court will have to weigh in on the issue at some point.
Even the strongly anti-gay Attorney General, Pam Bondi, is now conceding defeat in her state.
Pink News reports:
In a statement shortly after, Bondi – who has spent much of the past year defending her aggressive action against same-sex marriage – finally admitted defeat. She said: “Tonight, the United States Supreme Court denied the State’s request for a stay in the case before the 11th Circuit Court of Appeals. Regardless of the ruling it has always been our goal to have uniformity throughout Florida until the final resolution of the numerous challenges to the voter-approved constitutional amendment on marriage. Nonetheless, the Supreme Court has now spoken, and the stay will end on January 5.”
Chris Johnson at The Washington Blade puts in his own two cents:
The refusal from the Supreme Court to stay same-sex marriages in Florida is noteworthy because although justices have denied similar requests to halt same-sex marriages in Alaska, Idaho, South Carolina and Kansas, they’ve never done so before in a state where a federal appeals court has yet to rule on the issue. The decision with regard to Florida could be a sign the Supreme Court is ready to rule in favor of nationwide marriage equality no matter what the federal appeals courts decide in the interim.
The fat lady may not have sung, but she’s backstage about to go on.