Fourth Circuit Decision Striking Down Virginia’s Gay Marriage Ban to be Petitioned to Supreme Court


Late last week a county clerk in Virginia signaled her intention to ask the Supreme Court to consider the constitutionality of the state's ban on same-sex marriage. 

A similar appeal to the highest court in the land took place last week as well – with the 10th Circuit's decision overturning Oklahoma's gay marriage ban.

SCOTUSblog reports:

Screen Shot 2014-08-04 at 11.28.42 AMIn Virginia, Michele B. McQuigg [pictured], who is the county clerk of Prince William County, a jurisdiction just south of Washington, D.C., asked the U.S. Court of Appeals for the Fourth Circuit to delay its July 28 decision striking down the Virginia ban on same-sex marriages.  She asked for a ninety-day delay to allow her to file a petition for review in the Supreme Court, which she said her lawyers would file by October 26.

Unlike most other states involved in court battles over same-sex marriage, Virginia allows its county clerks — the officers who issue marriage licenses — to be in court to defend the state ban.  In other states where a defense has been mounted behind such a prohibition, state officials have done so.

SCOTUS has complete discretion on which case to take, if any. 



  1. Tigernan says

    Well, as we all suspected, it’s time to sew this up once and for all – no idea what the SC will do, as much as they are in the pockets of everyone.

  2. James in Charlotte says

    Would anyone like to give a prediction of when same-sex marriage will be granted by SCOTUS? Last night my friends were saying by summer of 2016. What do you think?

  3. clayton says

    @James–if SCOTUS accepts the Oklahoma or the Virginia case, it could be by the summer of 2015.

    It will be a 5-4 split with Kennedy being the swing vote. That part is pretty much a foregone conclusion. Scalia will issue a scathing dissent. Thomas will maintain his characteristic silence.

    It’s possible, I suppose, that Roberts will swing left on this issue, but I’m not holding my breath.

  4. oncemorewithfeeling says

    Before the DOMA decision, there was no guarantee that SCOTUS would do the right thing. Dozens of lower court decisions based on their DOMA decision later, it’s a foregone conclusion that it will happen by a 5-4 split.

    It’s now time to bring it before them so we can get our equality as soon as we possibly can.

Leave A Reply