4th Circuit Denies Request For Stay – Virginia Same-Sex Marriages To Start Next Week


The 4th Circuit Court of Appeals just denied a request to stay a ruling on same-sex marriage in Virginia. Marriages could begin next week.

Late last month the 4th Circuit Court of Appeals upheld a February federal court ruling that struck down Virginia's ban on same-sex marriage. The Court today denied a request for a stay on that ruling. Barring intervention by the U.S. Supreme Court, marriages for same-sex couples in Virginia will be able to start next week.

Freedom to Marry reports that today's ruling "simply says, 'Upon consideration of submissions relative to the motion to stay mandate, the court denies the motion,'" and notes that it "means that unless there is further action from the United States Supreme Court, a mandate will be issued in the ruling on Monday, August 18 and same-sex couples will have the freedom to marry and have their marriages respected in VA."

Claire Guthrie Gastañaga, Executive Director of the ACLU of Virginia, said today: "We hope that the Supreme Court will leave this ruling in place, so that same-sex couples may begin marrying right away. Our clients have already waited far too long to exercise their constitutional right to marry, or to have their marriages from other states recognized."

Chris Geidner at Buzzfeed adds:

Absent further action, though, the 4th Circuit, under its rules, is due to issue its mandate in the case seven days from the Wednesday’s stay denial, which would allow same-sex couples to marry on August 20.

As to the case itself, Herring filed a certiorari petition at the Supreme Court on Friday, asking the court to review the case so that a national resolution can be reached on the issue. The local clerk, Michèle McQuigg, who is the clerk of the circuit court in Prince William County, also has said that she will be filing a certiorari petition.

Here is today's ruling, via Equality Case Files:



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