Supreme Court Chief Justice Roberts Says SCOTUS Will Decide Virginia Stay Request

Chief Justice John Roberts has agreed to allow the Supreme Court to decide whether or not a stay is justified in the Virginia same-sex marriage case.

After the Fourth Circuit Court of Appeals denied the request of county clerk Michèle McQuigg to place a stay on its ruling that found Virginia’s same-sex marriage ban is unconstitutional, her attorneys asked the Supreme Court to intervene. Moments ago, the nation’s high court responded — as expected. 

Acknowledging the request, Chief Justice John Roberts has ordered information to be filed by Monday at 5:00 PM. The Court could have granted the stay as requested, refused to grant the stay, or ignored the request and not responded. 

This week, the Fourth Circuit confirmed that marriages in Virginia could begin next Thursday. That still holds, unless the Supreme Court rules otherwise — which is likely.

The Alliance Defending Freedom, the anti-gay Christian legal firm that represents McQuigg, stated Wednesday they indeed would seek a stay at the Supreme Court.

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 is McQuigg v. Bostic.

 

UPDATE 08.17.14: An earlier version of this article incorrectly stated the US Supreme Court has issued every stay regarding same-sex marriage that has been requested of it. That was incorrect.

Image by American Foundation for Equal Rights
Hat tip: Joe Jervis