The Supreme Court of the United States has granted a request to delay same-sex marriage in Virginia, a move that comes less than 24 hours before circuit court clerks could have started issuing marriage licenses.
The decision by Chief Justice John Roberts was issued Wednesday afternoon.
A panel of the U.S. Court of Appeals for the Fourth Circuit decided last week to deny a request to delay the marriages, setting the table for licenses to be issued beginning Thursday. The same panel had previously decided to uphold a decision from U.S. District Court Judge Arenda Wright Allen that declared unconstitutional the ban on same-sex marriage in Virginia’s constitution.
The brief order issued Wednesday said the delay is in effect pending the timely filing and disposition of a request for the full Supreme Court of the United States to consider the case.
Several other cases challenging same-sex marriage prohibitions across the country have progressed through the federal court system and are now in a similar position as the Virginia case, leaving the Supreme Court justices numerous cases to pick from should they want to consider the issue of same-sex marriage on a national level.
If the justices elect not to hear arguments on any of the cases, the delay is terminated and marriage licenses can be issued to same-sex couples.
The delay was requested by Attorney General Mark Herring, a Democrat who supports ending same-sex marriage prohibition. In a news release issued last week, he said he supports the delay so as not to place any couples in legal limbo should the Supreme Court rule against marriage equality.
“Difficult questions would be raised for families, employers, and institutions about dissolving marriages or adoptions, and resolving questions about taxation, workplace benefits, and inheritance,” according to the release.
After Wednesday’s announcement, Gov. Terry McAullife issued a statement praising Herring’s work and calling on the Supreme Court to take immediate action to uphold the federal appeals court’s decision to reaffirm the striking down of the constitutional prohibition.
“Today’s decision is a temporary delay to the inevitable conclusion that Virginians who love each other should have the opportunity to marry regardless of their sexual orientation,” McAuliffe said. “Building a new Virginia economy means creating an environment that is open and welcoming to all, where world-class innovators and entrepreneurs can locate without fear of discrimination. That is why my first act as Governor banned discrimination in the state workplace based on sexual orientation and gender identity, and why I support marriage equality in Virginia as a key ingredient of that economy of the future.”
Herring also issued a statement Wednesday reiterating his reasoning for requesting the delay.
“Virginia’s case is waiting for the Supreme Court’s review, as are several others from around the country, and I have petitioned for an extraordinarily speedy review from the Court,” he said. “Virginia families suffer each day that this decision is delayed.”
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