Reposted from Wonky News Nerd
Unless the U.S. Supreme Court takes quick action to stop it from happening, same-sex couples in Virginia could start getting marriage licenses on Aug. 20.
Pictured: Timothy B. Bostic (left) and Tony C. London, the original plaintiffs in the Bostic v. Schaefer case. (Photo: American Foundation for Equal Rights)
The U.S. Court of Appeals for the Fourth Circuit today denied a request to delay implementation of a July 28 ruling in which the court struck down Virginia laws that deny marriage rights to same-sex couples.
According to BuzzFeed:
Although Virginia Attorney General Mark Herring has fought the ban, his office supported the request of a county clerk who is defending the ban that the 4th Circuit Court of Appeals stay its ruling pending Supreme Court review.
Any party could now seek a stay from the Supreme Court itself, an application that would be made first to Chief Justice John Roberts, who considers such applications from within the 4th Circuit. Roberts could decide the matter himself or refer it to the whole court. The clerk — Michèle McQuigg, who is the clerk of the circuit court in Prince William County — has suggested that she will do so; Herring’s communications director told BuzzFeed Wednesday that the office is reviewing the ruling and has not made a decision about its next steps.
The
American Foundation for Equal Rights is the primary sponsor of Bostic v. Schaefer, the case challenging Virginia’s ban on marriage for gay and lesbian couples. More detail about the case is available
on the foundation’s website.
Bostic v. Schaefer also included a certified class made up of about 14,000 same-sex couples in Virginia who either want to get married or want their out-of-state marriages recognized there. They were represented by the American Civil Liberties Union, the ACLU of Virginia, Lambda Legal, and the law firm of Jenner & Block.
“We hope that the Supreme Court will leave this ruling in place, so that same-sex couples may begin marrying right away,” said Claire Guthrie Gastañaga, executive director of the ACLU of Virginia said in a statement. “Our clients have already waited far too long to exercise their constitutional right to marry, or to have their marriages from other states recognized.”
From the Associated Press:
While clerks in other states within the 4th Circuit — West Virginia and the Carolinas — wouldn't technically have to begin issuing licenses as well, federal courts in the state would likely make them if they don't, said Nancy Leong, a law professor at the University of Denver. Maryland, another state in the circuit, already allows same-sex marriages.
The 4th Circuit decision "shows that there's no longer a justification to keep same-sex couples from marrying," Leong said. "Given how many different judges in so many different parts of the country ... have reached the same result, it seems highly likely that the plaintiffs will ultimately prevail on the merits, and I think that, in turn, explains why the 4th Circuit was not willing to grant a stay."
Ken Connelly, legal counsel for Alliance Defending Freedom, which is representing Prince William County Clerk of Court Michele B. McQuigg in the case, said the group will seek an emergency stay from the nation's highest court "as soon as possible.”