A same-sex marriage supporter wears a rainbow cape behind 4th U.S. Circuit Court of Appeals after a court hearing May 13, 2014 in Richmond, Virginia. (Photo by Zach Gibson/Getty Images)
Update: The Supreme Court has issued a stay in the ruling.
Original post
Same-sex couples can begin getting married in Virginia tomorrow, unless the Supreme Court issues a last-minute stay.
The U.S. Court of Appeals for the Fourth Circuit in July upheld a ruling overturning Virginia’s ban on same-sex marriage. The ruling placed a three-week hold on marriages, and the Fourth Circuit later denied a request to delay the decision pending an appeal to the Supreme Court. The Clerk of Prince William County has asked for a stay on the ruling, as has the commonwealth’s Attorney General Mark Herring, not because he wants to stop same-sex marriage, but “because of unintended negative consequences if the Court later rules against marriage equality.”
“I’ve worked to move the case along quickly and asked the Supreme Court to take this extraordinary step because I don’t want this discriminatory ban to stay in place one day longer than necessary,” Herring said in a statement. “However, a stay is warranted in light of the negative impact on Virginia children, families, and businesses if the Supreme Court eventually rules against marriage equality and forces an unwinding of Virginians’ marriages, adoptions, inheritances, or workplace benefits.”
The ACLU, ACLU of Virginia and Lambda Legal oppose the stay.
“We will fight these last-ditch desperate attempts to delay the inevitable arrival of the day when same-sex couples can marry in Virginia,” Jon Davidson, legal director at Lambda Legal, said in a release. “But if the Court grants a stay, we want this issue to be decided as quickly as possible.”
Without a stay, the county clerk in Arlington will begin issuing marriage licenses tomorrow at 8 a.m. The Richmond clerk’s office is also prepared. The Fairfax Circuit Court clerk’s office will not issue licenses to same-sex couples until the case is completely resolved.
