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Fourth Circuit Refuses to Stay Virginia Marriages

Jim Burroway

August 13th, 2014

The Fourth Circuit Court of Appeals rejected a request for a stay of its July 28 ruling which declared Virginia’s same-sex marriage ban unconstitutional. The appeals court voted 2-1 to reject the request filed by Michèle McQuigg, a named defendant in the lawsuit. McQuigg is the clerk of court for Prince William County, which includes the outer suburbs of Washington, D.C.

The next step would be to seek a stay from Chief Justice John Roberts, who oversees the Fourth Circuit. Roberts has the option of considering the request himself or referring it to the full U.S. Supreme Court. McQuigg’s lawyer, Alliance Defending Freedom Senior Counsel Byron Babione, announced that he will take that next step. So far, the Supreme Court has granted every request for a stay in marriage cases elsewhere.

Virginia Attorney Mark Herring announced last Friday that his office has asked the U.S. Supreme Court to hear the case itself, writing that Virginia’s ban on same-sex marriage “denies gay people the equal protection of the law.” McQuigg has said that she will also file an appeal.

If no stay is issued, same-sex marriages will begin next Wednesday.

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