The Alliance Defending Freedom has asked the US Supreme Court to stay same-sex marriages in Virginia until the higher court can rule on the issue.
The legal group representing a Northern Virginia County Clerk filed the motion for stay yesterday.
Wednesday, in a surprising move, The Fourth Circuit Court of Appeals denied a stay request even after VA’s Attorney General supported it. Stays, or holds on rulings (in this case same-sex marriages) have been issued for every court case which has struck down a state’s same-sex marriage ban, however the 10th Circuit Court denied a stay in Utah which allowed marriages for a short time. The Supreme Court later put in a stay after marriage equality opponents there filed for it, leaving about 1300 LGBT couples married during the gap in legal limbo.
Chief Justice John Roberts, the swing vote in support of the case which struck down section 3 of DOMA last summer, could make the decision for the stay, or the entire Supreme Court could weigh in.
Until the higher court responds, marriages are expect to take place in Virginia starting Thursday August 21st at 8 AM. At this time the state would also recognize out-of-state same-sex marriages.