Fouth Circuit Refuses to Stay Gay Marriage Ruling

Much to the shrieks and consternation of the Christofascists at the Alliance Defending Freedom (such a ridiculous name for a group that wants a theocracy!) and The Family Foundation, the U.S. Court of Appeals for the Fourth Circuit has refused to stay its ruling striking down Virginia's gay marriage bans - and by extension, those in North Carolina, South Carolina, and West Virgina.  Absent a stay issued by the U.S. Supreme Court or a grant of writ of certiorari, marriages could soon begin in Virginia.  Here are details from AFER on this development:

On August 13, 2014, the U.S. Court of Appeals for the Fourth Circuit denied a request to stay, or delay implementation of, the decision that found Virginia Marriage Amendment unconstitutional. The defendants may make an emergency appeal to the United States Supreme Court to ask for a stay of the mandate that will allow gay and lesbian couples to marry in Virginia.

In the event that the Supreme Court does not issue a stay, or if no appeal is made to the Supreme Court, the Fourth Circuit Court of Appeals will issue a mandate within the month and marriages would begin in Virginia immediately thereafter.

If an appeal is made to the Supreme Court and a stay is issued, marriages would not begin in the Commonwealth pending Supreme Court review of petitions for writ of certiorari.

Here’s what happens next in regard to the 4th Circuit’s decision not to stay the mandate:

Here's the ACLU's reaction to the news:

The U.S. Court of Appeals for the Fourth Circuit today denied a request to delay implementation of its ruling striking down Virginia laws denying marriage to same-sex couples.  The court’s action means that, unless the Supreme Court intervenes, couples may begin marrying and having their out-of-state marriages recognized in Virginia on August 20.

Prince William County Circuit Court Clerk Michèle McQuigg had asked the court to stay the ruling while she asks the U.S. Supreme Court to review the case.  The ACLU of Virginia, ACLU, and Lambda Legal opposed the stay on behalf of approximately 14,000 Virginia same-sex couples.  McQuigg may still ask the Supreme Court to stay the Fourth Circuit ruling.

“We hope that the Supreme Court will leave this ruling in place, so that same-sex couples may begin marrying right away,” said Claire Guthrie Gastañaga, Executive Director of the ACLU of Virginia.  “Our clients have already waited far too long to exercise their constitutional right to marry, or to have their marriages from other states recognized.”

I can only assume that Victoria Cobb is acting as if a crowd has taken defecated in her Cheerios!  Her angst should give joy to decent Americans who believe in equality under the law and no special rights for Christofascists.