The second challenge to Virginia’s ban on same-sex marriage has been issued a stay until the 4th District Appeals Court rules on the issue.
In a press release sent out by Attorney General Mark Herring’s office, Michael Kelly, Herring’s Director of Communications said because the Western District plaintiffs were allowed to intervene in the Eastern District case, the Federal Appeals court will have the next say on the issue.
Judge Urbanski, who presides over the Western District case, wrote: “Because of this seismic procedural development, the constitutional issue in this case is now in the hands of the Fourth Circuit Court of Appeals. As the Fourth Circuit’s impending decision is binding, the court will stay this case pending that decision.”
This leaves the challenge to the 2006 voter approved ban in the hands of the 4th district of appeals with oral arguments scheduled for May 13.