Appeals Court Refuses Stay on Marriage Decision

The 4th Circuit Court of Appeals has refused to stay a ruling that Virginia’s same-sex marriage ban was unconstitutional.

Unless the U.S. Supreme Court intervenes, couples in Virginia may begin marrying on Aug. 20.

The high court has yet to decide whether to take up the appeal, one of several challenges to state marriage bans that have been successful in recent months.

“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 American Civil Liberties Union of Virginia, in a statement. “Our clients have already waited far too long to exercise their constitutional right to marry, or to have their marriages from other states recognized.”

There are 19 states now permit same-sex marriage. Lower courts have ruled against bans in more than a dozen of the remaining 31 states, and there are lawsuits pending in the rest.

In July, a circuit court panel in Richmond ruled 2-1 that Virginia’s gay marriage ban was unconstitutional. Michele McQuigg, the elected county clerk in Prince William County, had sought a delay while the ruling is under appeal.

In the ruling last month, Judge Henry F. Floyd wrote that a ban isn’t justified, regardless of how “deeply uncomfortable” some may be with same-sex marriage.

“The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life,” he wrote. “Denying same-sex couples this choice prohibits them from participating fully in our society.”

More:

Same-Sex Marriage: Supreme Court or Bust?

Plaintiffs Oppose Stay of Gay Marriage Ruling in Va

Federal Panel Strikes Down Virginia Same-Sex Marriage Ban

Same-Sex Marriage Appeal: County Clerk Fights Ruling

Same-Sex Marriage Switch in Virginia