MOTION FOR STAY GRANTED – NO SAME-SEX MARRIAGES IN VA
In a motion issued around 3:20 Wednesday afternoon, Supreme Court Justice Roberts issued a stay in a ruling striking Virginia’s ban on same-sex marriage.
LGBT Virginians will now have to wait until the Supreme Court rules on the issue which is expected to happen in the next year.
“It’s still difficult for Virginians to wait for this fundamental right,” said AG Herring on a conference call today, but he admitted he understood why the legal process was moving in this way. “I reluctantly agreed a stay was warranted in light of a nearly identical case in Utah, and an adverse SCOTUS ruling might cause.”
In Utah, same-sex marriages were allowed to to happen for several days and a stay was later issued by the Supreme Court which then put those 1300 marriages in legal limbo.
AG Herring did say he felt confident about changing his position supporting marriage equality with the legal standing for this issue, but he supported the stay because he said there was still some uncertainty which existed around the issue in the higher court.
“To those who are tired of their state not treating them fairly, I am working as hard as I can to fight for equality, I worked for it in the district court, the fourth circuit, and I’ll fight for it in the Supreme court,” said Herring. “I’m working as hard as I can to get a resolution as quickly as possible.”
Claire Guthrie Gastañaga, Executive Director of the VA ACLU, one of the groups fighting Virginia’s ban, issued a statement today in response to the stay striking down Virginia’s discriminatory marriage ban:
“We are disappointed that the 14,000 couples we represent in Virginia will have to continue to wait to exercise their fundamental right to marry, or to have their marriages recognized in Virginia. Until the Supreme Court rules on marriage equality, many gay and lesbian Virginians will live without legal recognition of their relationships with their children, access to their spouse’s health insurance benefits, the ability to make medical decisions for their spouse, and countless other rights that other married couples take for granted. We hope that the Supreme Court will decide this case as quickly as possible so that families will not have to wait any longer than necessary to exercise these rights.”
The text from Justice Roberts:
The application for stay presented to The Chief Justice and by him referred to the Court is granted, and the issuance of the mandate of the United States Court of Appeals for the Fourth Circuit in case No. 14-1167, is stayed pending the timely filing and disposition of a petition for a writ of certiorari. Should the petition for a writ of certiorari be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.
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