BREAKING: Fourth Circuit Court DENIES Stay On Virginia Same-Sex Marriages

[mahatmakanejeeves]

Last edited Fri Aug 15, 2014, 09:14 AM - Edit history (7)

Source: JoeMyGod

Via the ACLU of Virginia:

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 18.

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.”


Read more: http://www.joemygod.blogspot.com/2014/08/breaking-fourth-circuit-court-denies.html

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Ordinarily, I won't cite a blog as a source, but Google news isn't showing this yet. It's 12:14 now, and the story is not even at the Richmond Times-Dispatch.

JMG gets this stuff pretty quick. Hat tip, JMG.

Equality Virginia

12:24 -- here's something from Channel 4 in DC:

Same-Sex Marriages Could Begin in Virginia as Early as Monday

Wednesday, Aug 13, 2014 • Updated at 12:20 PM EDT

Same-sex marriage could begin within the next few days in Virginia after a federal appeals court decided not to delay the effects of its ruling.

A panel of the 4th U.S. Circuit Court of Appeals in Richmond on Wednesday denied the request by a county court clerk in northern Virginia to stay the decision while it is appealed to the Supreme Court. Earlier this month, the appeals court ruled that Virginia's constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violated the U.S. Constitution.

The court's decision means marriage licenses could be issued to Virginia's same-sex couples as early as Monday* -- 21 days after the appeals court issued its initial ruling.

ETA: * No. The earliest day would be Thursday, August 21, not Monday, August 18.

From the Associated Press. As of 12:34, this is the entire article, with no editing.

Federal court refuses to delay Virginia gay marriage ruling; couples could marry by next week

By Associated Press August 13 at 12:16 PM

RICHMOND, Va. — Federal court refuses to delay Virginia gay marriage ruling; couples could marry by next week.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

The Washington Times has its own (i.e., not from a wire service) article. Here's the entire article, as of 12:42:

Federal court clears way for gay marriages to take place in Virginia

By Matthew Cella - The Washington Times - Wednesday, August 13, 2014

A federal appeals court on Wednesday cleared the way for same-sex marriages to be performed in Virginia, denying a request to stay its ruling striking down the state’s ban on the unions as unconstitutional.

The U.S. Circuit Court of Appeals for the 4th Circuit on a 2-1 vote last month upheld a lower court ruling saying the ban violated constitutional guarantees of due process and equal protection. By the same vote, the judges refused the stay order.

The decision means gay marriages could be performed in the state as early as Aug. 20 — seven days from the day the order was issued. The Supreme Court could still issue a stay of its own to prevent the law from taking effect.

Last week, Virginia Attorney General Mark R. Herring, a Democrat who supports gay marriage, nevertheless asked the Supreme Court to review the lower court rulings in the case. Mr. Herring said he hoped the Virginia case could be the precedent by which gay marriage was legalized nationally.

Washington Post, later article, with comments:

Federal judges refuse to stay decision striking Va. same-sex marriage ban

By Robert Barnes August 13 at 12:55 PM 

A federal appeals court panel refused to stay its decision striking Virginia’s ban on same-sex marriage Wednesday, which means the unions could start next week absent further judicial action.

The next step for opponents would be to ask the full U.S. Court of Appeals for the 4th Circuit to step in. Defenders of the law can also ask the Supreme Court to stay the decision. The justices took similar action to stop same-sex marriages in Utah while the issue made its way through the courts.

BREAKING: Same-Sex Marriages Could Begin in Arlington Next Week

by ARLnow.com | August 13, 2014 at 1:05 pm

Same-sex marriages could begin next week in Arlington and the rest of Virginia, following this afternoon’s decision by the 4th U.S. Circuit Court of Appeals in Richmond not to delay its ruling striking down the state’s same-sex marriage ban.

The court denied a request to stay the decision while it is appealed to the U.S. Supreme Court. That means unless the U.S. Supreme Court intervenes in the next few days, same-sex couples may begin marrying in Virginia next week.

“If the Supreme Court of the United States does not intervene, the 4th Circuit decision stands and Arlington would issue marriage licenses to same-sex couples on Monday,” Arlington County Clerk of the Circuit Court Paul Ferguson told ARLnow.com today.

When asked last month how his office would handle a possible influx of same-sex marriage applications, Ferguson said he and his staff “will do our best to accommodate applicants in a timely manner.”
....

[lark]

1. Take that - Christian Coalition

Faux Snooze and all right wing christofacists.

[C Moon]

2. That is getting complicated. If you don't know what's going on, you have to read that carefully.

In California we had a proposition to ban gay marriage. It passed, but many believe the ads confused a lot of voters who thought it was to legalize gay marriage: thinking voting "no" meant, no marriages.

[mac56]

3. Same in Minnesota.

Voting "yes" meant approving the one-man-one-woman amendment. Voting "no" was a vote for freedom to marry. I think it did confuse some people, but fortunately the amendment was rejected.

[C Moon]

10. Whew.

[mahatmakanejeeves]

4. To quote JMG, what it means is

Last edited Fri Aug 15, 2014, 09:14 AM - Edit history (2)

"SCOTUS has five days to act or marriages commence in Virginia on Monday."

ETA: The earliest day would be Thursday, August 21, not Monday, August 18.

[SoapBox]

5. Take that - Haters!

[MNBrewer]

6. Back on the winning streak.

[bigwillq]

7. Woo Hoo

[MADem]

8. So....Virginia IS for Lovers, then?

[deafskeptic]

11. It better be for lovers! n/t

[Unvanguard]

9. The Supreme Court is almost certainly going to grant one.

Surprised Fourth Circuit didn't.

[closeupready]

12. Wrong.

[Unvanguard]

16. We'll see within the week.

The Supreme Court is likely to ultimately rule in favor of marriage equality, but it's very unlikely to let a lower federal court invalidate same-sex marriage bans in several states without the Supreme Court getting the chance to review the issue. That's why they granted a stay in the Utah case and it's why other courts have granted stays in all the other cases where the bans were defended by people who had standing.

[Ruby the Liberal]

13. That is actually quite rare

Especially given the ruling last year about DOMA. My money says they decline to hear the case.

[Unvanguard]

15. Happened in the Utah district court ruling too. Supreme Court granted a stay.

They want to decide this issue themselves.

[Lurks Often]

14. I expect SCOTUS to decline to hear the appeal

since US Supreme Court Chief Justice is the advisory Supreme Court judge for the 4th US Circuit of Appeals, he probably would have had at least some input on to whether a stay would be granted or not.

[mahatmakanejeeves]

17. Bob Marshall: Appeals court decision on marriage case flies in face of Supreme Court

The Augusta Free Press is an online RW paper.

Bob Marshall: Appeals court decision on marriage case flies in face of Supreme Court

Published Thursday, Aug. 14, 1:01 am

....
The two erring judges in Virginia’s marriage case failed to show that same sex marriage, a union based on immoral behavior, is “objectively, deeply rooted in this Nation’s history and tradition,” as would be required if they were acting as jurists,
....

In their radical hubris, these judges in attempting to foist same-sex “marriage” on Americans, seek to suspend the “Laws of Nature and Nature’s God,”

Look for Lesbian, Gay, Bisexual and Transgender (LGBT) groups to target church tax exemptions for failure to perform same sex marriages or rent church facilities for same sex marriages. The “Human Rights Campaign” is now defending teachers fired from Catholic schools after allegedly marrying same-sex partners against Catholic teaching and school policy.

Soon, pastors who refuse to conduct same-sex marriage ceremonies will be sued for hate speech. Church charities that feed, clothe, house and care for the less fortunate will suffer as these lawsuits increase.

He kept up the rant, but isn't that enough?

[Zorra]

18. woot! ^^^

[mahatmakanejeeves]

19. VIRGINIA: Fourth Circuit Says Marriages To Commence Next Thursday Barring Action By SCOTUS

Hat tip, JMG once again:

VIRGINIA: Fourth Circuit Says Marriages To Commence Next Thursday Barring Action By SCOTUS

Via SCOTUSblog:

The clerk of the Fourth Circuit Court has notified counsel that the decision against the Virginia same-sex marriage ban is scheduled — as of now — to go into effect at 9 a.m. next Thursday — a day later than state officials had expected. However, that could be delayed if the Supreme Court were to impose a delay. Attorneys for the Prince William County clerk, who has been defending the Virginia same-sex marriage ban, said on Wednesday afternoon that they will ask the Supreme Court to postpone the Fourth Circuit’s ruling against that ban. They said they would do so before the appeals court decision takes effect.

The Thursday start date is contrary to the Monday date reported yesterday by numerous outlets.

Also, feel the pain:

WND: Federal judges 'gone wild' in Virginia marriage case

[mahatmakanejeeves]

20. Alliance Defending Freedom Formally Files Fourth Circuit Stay Demand With SCOTUS

Alliance Defending Freedom Formally Files Fourth Circuit Stay Demand With SCOTUS

Late this afternoon the virulently anti-gay Alliance Defending Freedom formally filed their demand that the US Supreme Court stay the Fourth Circuit Court of Appeals ruling that overturned Virginia's ban on same-sex marriage. According to their stay demand, which was filed on behalf of the clerk of Prince William County, there is a "fair prospect" that SCOTUS will overturn the Fourth Circuit and therefore no marriages should take place until that happens. Or else there will be "irreparable harm." Hit the link from Equality Case Files and dig in to the arguments. If SCOTUS does not act on this demand, marriages would commence next Thursday at 8AM.

Delay sought on Virginia same-sex marriages

[mahatmakanejeeves]

21. Chief Justice John Roberts Sets Monday 5PM Deadline For Stay Response

VIRGINIA: Chief Justice John Roberts Sets Monday 5PM Deadline For Stay Response

Supreme Court Chief Justice John Roberts, who has jurisdiction over the Fourth Circuit Court of Appeals, today set a deadline of Monday 5PM for attorneys for the Virginia plaintiffs to respond to yesterday's stay demand by the Alliance Defending Freedom. Should Roberts reject the stay demand, same-sex marriages would commence on Thursday at 8AM.