Virginia to Appeal Gay Marriage Ruling to U.S. Supreme Court


Following Utah's announcement that it would appeal a ruling striking down its same-sex marriage ban to the U.S. Supreme Court, Virginia announced today that it would do the same this Friday, the AP reports.

Said Attorney General Mark Herring:

"Throughout this case, I have fought for the fundamental rights of Virginians and the quickest possible resolution. I believe the district and appeals courts ruled correctly in striking down Virginia's discriminatory marriage ban, but it has long been clear that the Supreme Court will likely have the final word. I want that decision to come as soon as possible and I want the voices of Virginians to be heard. This case has moved forward at an incredibly swift pace, and I look forward to a final resolution that affirms the fundamental right of all Virginians to marry."

Plaintiffs in the Bostic case are represented by Ted Olson and David Boies at the American Foundation for Equal Rights, who represented plaintiffs in the Proposition 8 fight.

Read Virginia's announcement below:

Virginia will ask Supreme Court to review Bostic case


  1. GX1Solo says

    Let me preface by saying that I sincerely wish American gays the best of luck attaining equality not just for generations that haven’t been born yet, but in THIS lifetime.

    I hope that analysts of different sorts are correct and that equality in the US is immanent.

    From my perspective on the outside though, I can’t help but feel that EVEN IF the United States was able to finally achieve gay equality, I would still feel pretty resentful and mistrustful.
    I would resent how anti-gay Americans fought EVERY LITTLE STEP of the way, doing ANYTHING and EVERYTHING they could think of, to put a wrench in progress – every ‘stay’, every ‘appeal’, every ‘veto’ – the whole lot of it.

    I don’t think I’ll be the only one out there who won’t be particularly impressed with a country that begrudgingly dragged itself kicking, screaming bloody murder, and clawing every-single-step of the way towards equality…

  2. Chuck Mielke says

    @GX1SOLO: I have a similar feeling. Frankly, I don’t trust this SCOTUS to rule in favor of equality. Their rulings on Prop 8 and Windsor were very narrowly focused on specific portions of different legislation; i.e., they did not strike down DOMA completely, only a key part of it; they did not strike down Prop.8, they pretty much called it a violation of ex post facto rules. Frankly, I think the five men who unilaterally decided the Citizens United and Hobby Lobby cases would get a great kick out of destroying all hope of marriage equality. They could easily do this by finding that a definition of “marriage” is within the right of the several states and that the federal government has only a narrow interest in light of 14th Amendment considerations. This SCOTUS, I think, is quite capable of overturning all of the numerous district courts that have upheld marriage equality.

    I’m hopeful, but not sanguine. I don’t think we should underestimate the power of Catholic doctrine and Church influence. Suppose the Church secretly threatened even one wavering Justice among the 5 Catholics on the Court with excommunication. I know it sounds medieval, but we shouldn’t ignore the possibility.

  3. Film at 11 says

    Andrew Sullivan was unavailable at press time to offer a comment bashing AFER for hogging all credit for the Virginia decision, and for failing to praise him sufficiently for having once a long, long time ago said that gays should be able to get married. Stay tuned for updates. Film at 11.

  4. bandanajack says

    chuck, at last count there were 6 roman catholics on the supreme court. you forgot sotomayor…

  5. simon says

    Pelosi, Martin O’Malley, Cuomo, Christine Gregoire all Catholic. I don’t think most Catholics would toe the line of the Church. In the case of O’Malley, he even rejected the plea of Archbishop of Baltimore when considering marriage equality in Maryland.

  6. Todd says

    The Confederacy lost the Civil War and it’s going to lose on its opposition to marriage equality. I do declare, though, that they’ll try to jim crow some stupid discriminatory laws despite having lost the war.

  7. Todd says

    The Confederacy lost the Civil War and it’s going to lose on its opposition to marriage equality. I do declare, though, that they’ll try to jim crow some stupid discriminatory laws despite having lost the war.

  8. Gary says

    Isn’t the case moot if the Attorney General agrees with the circuit court decision in his filing? In that case, I can’t imagine a legal reason to grant the stay the AG requested.

  9. pete n sfo says

    gx1solo… Not to worry, dear. Once America finally gets it right, we’ll rewrite history & award ourselves a lead role in championing gay equality.

    Please see mixed-race marriage & slavery as prime examples. I think we were last, only to Brazil on slavery, but you’d never know it.

    Don’t underestimate the power of our freedom fighting narrative… it never fails us.

  10. Keith says

    GX1SOLO Makes a very valid point. Just take a look at desegregation and women’s rights in this country.