banner
Family

Delay denied: Same-sex marriage could come to Va. in a week

Posted August 13, 2014 12:34 p.m. EDT
Updated August 13, 2014 1:30 p.m. EDT

— A federal appeals court refused Wednesday to delay its ruling striking down Virginia's gay marriage ban, which means that same-sex couples could begin marrying in the state as early as next week.

The state would also need to start recognizing marriages from out of state by next Wednesday, assuming the U.S. Supreme Court does not intervene.

A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision, issued in late July, while it is appealed to the high court. The appeals court's order did not explain why it denied that request.

Ken Connelly, legal counsel for Alliance Defending Freedom, which is representing Prince William County Clerk of Court Michele B. McQuigg in the case, said the group will seek an emergency stay from the nation's highest court "as soon as possible." That request will go to Chief Justice John Roberts, who is responsible for the 4th Circuit.

Virginia voters approved a constitutional amendment in 2006 that banned gay marriage and prohibited the recognition of such marriages performed in other states. The appeals court ruling overturning that ban was the third such ruling by a federal appeals court and the first in the South.

The ruling in Virginia sets a precedent for federal challenges to North Carolina's very similar ban, and backers of same-sex marriage have said they would mount a challenge in the Tar Heel State.

North Carolina Attorney General Roy Cooper said he will cease defending the state ban in light of the court's ruling. 

Last week, a panel of the 6th U.S. Circuit Court of Appeals in Cincinnati considered arguments regarding six cases from Michigan, Ohio, Kentucky and Tennessee. Some observers have said the 6th Circuit may be the first to uphold statewide gay marriage bans after more than 20 consecutive rulings in the past eight months striking them down.