Attorney General Mark Herring, who has refused to defend the ban, issued a notice of appeal which the AG’s office said should expedite future rulings, but not change the state’s stance on the ban.
“Throughout this process I have maintained that the law requires equal treatment for same-sex couples,” said Attorney General Herring in a statement. “Although the court agreed with the Commonwealth’s position that the state’s ban on same-sex marriage is unconstitutional, I have filed a notice of appeal to ensure that higher courts can swiftly rule on the critical issues in this case, consistent with my commitment to the rule of law.”
The next step for the challenge is the federal court in Richmond. “Now the schedule for filing the transcript of the lower court record and briefing by the parties begins,” said Norfolk Attorney Michael Hamar. “The case may end up going to the United States Supreme Court unless that court enters a definitive ruling on same sex marriage in one of the cases moving through the federal court system from Utah or Oklahoma.”