Gay Marriages Could Begin In Virginia Next Week After Court Denies Delay

Gay marriage could begin in Virginia next week after a federal appeals court refused Wednesday to delay its ruling striking down the state’s same-sex marriage ban. Assuming the U.S. Supreme Court doesn’t intervene, the state will also have to start recognizing out-of-state marriages by next Wednesday.

The 4th U.S. Circuit Court of Appeals in Richmond issued its decision in late July and a county clerk in northern Virginia asked for a stay while the matter is appealed to the higher court. The Associated Press reports the request was denied without an explanation.

Clerks in other states within the 4th Circuit won’t technically have to issue licenses, but federal courts in the state will likely make them do so, according to Nancy Leong, a law professor at the University of Denver. The 4th Circuit includes West Virginia, the Carolinas, and Maryland, which already allow gay marriage.

Leong explained to the AP, that the decision “shows that there’s no longer a justification to keep same-sex couples from marrying.”

USA Today notes that the federal court’s decision to deny delaying gay marriage in Virginia comes one week after the state’s Attorney General Mark Herring asked the Supreme Court to review the district and appeals courts’ decisions striking down the same-sex marriage ban as unconstitutional.

Ken Connelly, legal counsel for Alliance Defending Freedom, which is representing the county clerk in the case, said the group will seek an emergency stay from the U.S. Supreme Court “as soon as possible.” That request will go to Chief Justice John Roberts, who oversees the 4th Circuit.

Connelly explained to the AP that he expects the stay to be granted. He explained that “there isn’t any substantive difference” between the Virginia case and a federal case in Utah, which was granted stays twice by the Supreme Court. However, others aren’t so sure.

Adam Umhoefer, executive director of the American Foundation for Equal Rights, said “Virginia’s loving, committed gay and lesbian couples and their children should not be asked to wait one more day for their fundamental right to marry.”

The state’s gay marriage ban was approved by voters in a 2006 constitutional amendment. The amendment also prohibited the recognition of same-sex marriages performed in other states. The appeals court ruling in late July was the third such ruling by a federal appeals court.

While Virginia Attorney General Mark Herring has said he will not defend the state’s ban, he does believe the Supreme Court should review the lower court’s decision. He explained that he believes the case would be compelling to the high court because of the “stringent, discriminatory nature of Virginia’s marriage ban” and other factors.

It’s not clear if the Supreme Court will delay the lower court’s decision, but it’s inevitable that the high court will review Virginia’s gay marriage ban, as well as several others in states across the country.

[Image: Al Jazeera]