SCOTUS suprises with 7-2 ruling in Alabama marriage equality ruling

A federal judge ruled that Alabama's gay marriage ban violates the constitution of the United States.     The 11th Circuit Court of Appeals (covering Alabama, Georgia, and Florida) upheld the unconstitutional ruling.

Then Alabama's Attorney General appealed to the U. S. Supreme Court for a stay of implementing the law, and the notorious Chief Justice of Alabama's Supreme Court, Roy Moore, issued an order forbidding state officials to issue marriage licenses.

On Monday, the U. S. Supreme Court refused to stay the implementation, which is not surprising since they've been doing this in other states.

What surprised me was the announced vote of  7 to 2.

Now I'm trying to figure out whether this is a clue to how they will vote when SCOTUS makes it's big ruling on the two questions it has formulated for itself in hearing appeals from four states:  (1) whether states must allow same-sex marriage and (2) whether they must recognize same-sex marriages performed in other jurisdictions where it is legal.

Why would any justice, who plans to vote against full legalization nationwide, vote to allow gay marriages to go ahead in Alabama now?    It doesn't make sense to me by any rationale.

So I'm wondering if the ultimate big vote will be, not the squeeker 5-4 vote, or possibly 6-3, but maybe even 7-2 ? ? ? 

If so, it must be the liberal 4 plus Kennedy and Roberts.   But who would be the 7th?  Could it be that Scalia will vote on principle, rather than prejudice?

Raph

LATER BREAKING NEWS:    Later in the day yesterday, Reuters reported that it was Scalia and Thomas who voted for the stay, meaning Alito was the 7th for the refusal.   In a dissenting opinion, Thomas noted that the court's usual practice would have been to put the Alabama case on hold until it had decided the cases to be heard in the spring from Ohio, Tennessee, Kentucky, and Michigan.   He then acknowledged this "may well be seen as a signal of the court's intended resolution" of those cases.    As SCOTUS itself has framed the questions to be answered, an affirmative decision would remove bans on same-sex marriage in all states nationwide.

Gay rights groups definitely read it that way and told couples in the remaining 13 states to "start making your wedding plans now" for the decision that is expected in June.