UPDATE III: Supreme Court Blocks Virginia Same-Sex Marriage – Order By Full Court

With just hours to spare, the full U.S Supreme Court has just halted all Virginia same-sex marriages that were slated to begin tomorrow.

Breaking: Supreme Court grants stay of Virginia marriage ruling. #SCOTUS #LGBT pic.twitter.com/1COVpaNDtL

— Chris Geidner (@chrisgeidner) August 20, 2014

The Chief Justice was originally petitioned, but this afternoon’s ruling is unsigned, indicating it is from the full court.

“Although Chief Justice John Roberts is responsible for stay requests in the Fourth Circuit, the order indicates he referred the matter to the entire court,” Chris Johnson at the Washington Blade reports. “The vote by the Supreme Court on the decision isn’t included in the order.”

The request came from the Alliance Defending Freedom (ADF), representing Michèle McQuigg, who filed suit against Timothy Bostic, the lead plaintiff in Bostic v. Schaeffer.

The original case was filed last year as Bostic v. McDonnell, then, as Bostic v. Rainey, and now, as Bostic v. Schaefer. The request for a stay was McQuigg v. Bostic.

 

This is a developing news story — stay tuned for more details.

UPDATE I 3:27 PM EDT:

“This Supreme Court’s stay of yet another freedom to marry ruling underscores the urgency of the Court’s granting a full review and bringing the country to national resolution by next year,” Evan Wolfson, president of Freedom to Marry, said in a statement immediately following the ruling. 

“Americans across the country are being deprived of the freedom to marry and respect for their lawful marriages, as well as the tangible protections and precious dignity and happiness that marriage brings. It is time for the Supreme Court to affirm what more than thirty courts have held in the past year: marriage discrimination violates the Constitution, harms families, and is unworthy of America.”

Opponents have begun the process of seeking Supreme Court review of each of the three appellate rulings in favor of the freedom to marry so far, including the Virginia case in the Fourth Circuit and Utah and Oklahoma cases in the Tenth Circuit. Since the Supreme Court struck down the heart of the so-called Defense of Marriage Act in June 2013, 37 state and federal courts have upheld the freedom to marry, with only 1 ruling the other way. Every appellate ruling has been in favor of the freedom to marry.

UPDATE II 3:58 PM EDT:

Alliance Defending Freedom, the anti-gay religious legal firm that requested the stay, issued this statement:

“Virginians deserve an orderly and fair resolution to the question of whether they will remain free to preserve marriage as the union of a man and a woman in their laws. By granting our request to place a hold on the 4th Circuit’s decision, the Supreme Court is making clear, as it already did in the Utah marriage case, that it believes a dignified process is better than disorder. The Supreme Court acted wisely in restraining the lower court from implementing a ruling of this magnitude before the high court has a chance to decide the issue.”

UPDATE III 4:11 PM EDT:

Via AFER, the legal group representing the plaintiffs fighting for marriage equality:

“Never before have federal courts across this country so swiftly, convincingly, and unanimously come to the same conclusion on an imperative constitutional question as they have when presented with the issue of marriage equality,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner, LLP. “The federal court system agrees, the majority of Americans agree, and the President of the United States agrees that it is time this country treats its same-sex couples and their children just the same as all other loving families. We are confident that when the Supreme Court reviews the Bostic case, it too will agree and end the flagrant injustice of segregating Americans based on sexual orientation.”

Should the Supreme Court agree to hear the case, the stay issued today will remain in place until the case has been fully briefed, argued, and decided by the high court.

“Tony and I look forward to the day that we can finally be married in our home state,” said Tim Bostic, Plaintiff. “While we are disappointed that marriages will have to wait, this was not unexpected. We feel that this case deserves to be heard by the Supreme Court and be finally decided for all Americans. There are thousands of couples just like us in 30 other states waiting to get married. It is time for all Americans to be able to enjoy the freedom to marry, no matter what state they live in.”

 

 

Image via AFER