RICHMOND, Va. (AP) — A federal appeals court refused Wednesday to delay its ruling striking down Virginia’s gay marriage ban, which means that same-sex couples could begin marrying in the state as early as next week.
The state would also need to start recognizing marriages from out of state by next Wednesday, assuming the U.S. Supreme Court does not intervene.
A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision, issued in late July, while it is appealed to the high court. The appeals court’s order did not explain why it denied that request.
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.” That request will go to Chief Justice John Roberts, who is responsible for the 4th Circuit.
Virginia voters approved a constitutional amendment in 2006 that banned gay marriage and prohibited the recognition of such marriagesperformed in other states. The appeals court ruling overturning that ban was the third such ruling by a federal appeals court and the first in the South.
Last week, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati considered arguments regarding six cases from Michigan, Ohio, Kentucky and Tennessee. Some observers have said the 6th Circuit may be the first to uphold statewide gay marriage bans after more than 20 consecutive rulings in the past eight months striking them down.
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I’m not sure that a county clerk would have standing to appeal the decision. I would think that only the state A.G. or the governor would.
The Virginia A.G. and Governor won’t They are for gay marriage
Chief Justice Roberts will issue a stay - likely after involving the full SCOTUS. The clerk does have standing according to the appellate court - which is why they ruled instead of kicking it back. Apparently VA law supports that determination.
One more step that must be taken before the SCOTUS has no choice but to grant cert to at least one of these cases for the next session…
My bet is still that SCOTUS won’t grant cert, unless a circuit court or two rule against. No reason to get their hands dirty again if they don’t have to. Which is why I also bet, at this time, that Roberts won’t grant a stay.
I think that the Clerk would because that is who issues the licenses.