With the court issuing a temporary stay it means that gay couples can not get married in the state starting Friday at 9am.
Legal experts say stays are very common and this one is only to allow time for the court to look over documents submitted so far.
Idaho Attorney General Lawrence Wasden put in a request for a longer stay, but if the court denies it, that means same-sex marriages could happen shortly after.
Wasden is asking for the stay until the court rules on their current appeal.
If that doesn't happen the state is asking for another temporary stay to allow them time to appeal to the US Supreme Court.
If the court doesn't grant it then it's unknown when marriages would go forward. Either way, Wasden says he would still ask the Supreme Court for a stay.
Wasden said he would like the stay to go into effect immediately so they don't have the problems that happened in Utah where over 1,300 are in legal limbo after the Supreme Court issued a stay on more marriage licenses being handed out. Although, those who were married now don't know if it's valid or not.
"That's precisely what we are trying to avoid and it does create confusion, chaos, and that's what we are trying to avoid by the procedure we are employing," said Wasden.
Wasden admits no matter how the 9th Circuit Court rules the issues over same sex marriage will likely be decided by the Supreme Court on one of the many cases already being appealed.