HRC Blog

Supreme Court Delays Marriage in Virginia, Attorneys Ask Justices to Take the Case

The Supreme Court of the United States today granted an emergency request for a stay of the Fourth Circuit Court of Appeals ruling that would have allowed same-sex couples to begin marrying in Virginia as early as tomorrow.

In Bostic v. Schaefer, the Fourth Circuit agreed with a lower court ruling that Virginia’s ban on marriage equality is unconstitutional.  Proponents of the ban are appealing the Fourth Circuit ruling to the nine justices of the Supreme Court, and asked that marriage be put on hold until the high court rules on the issue. 

According to the American Foundation for Equal Rights (AFER), the organization behind the Bostic case: 

The Supreme Court has been asked by the state of Virginia to take up the Bostic case in its next term to decide the question of marriage equality once and for all. The state filed its petition for writ of certiorari, or request for review, on Friday, August 8, 2014. The Bostic plaintiffs will acquiesce to that request in hopes that the Supreme Court will finally answer the imperative constitutional question at hand. 

Should the court take the case for review, it is likely the stay issued today will remain in place until the case has been fully briefed, argued, and decided by the high court.

If the Supreme Court does not grant review of the Bostic case, it is expected the stay will be lifted and couples will be able to marry in Virginia at that time 

Click here to read the Supreme Court’s order.

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