Court's Cold Feet May Delay Same-Sex Marriage in Virginia

Gay and lesbian couples can begin planning their weddings in Virginia, but somewhere between 5 to 9 judges on the U.S. Supreme Court could sideline the excitement.

A panel of the 4th Circuit U.S. Court of Appeals ruled Wednesday that gay marriages could begin in the commonwealth Aug. 20, regardless of a pending appeal to the Supreme Court.

Last month, the circuit judges ruled, 2-1, that Virginia’s ban on same-sex marriages was unconstitutional. A defendant in the case, Prince William County’s Clerk of Courts Michele McQuigg, has appealed the decision, but the Supreme Court has not yet decided to review the case.

Now, her lawyers are planning an urgent request that the Supreme Court stay the circuit court ruling until after a Supreme Court decision on the case. If approved, that would likely push back nuptials until next summer — and only if the court sides with the lower court’s decision.

The emergency request will go to Chief Justice John Roberts, according to the Washington Post. He can make a decision on the issue, or refer it to the full court. Roberts was one of the judges in the minority last year, opposing the successful challenge to the federal Defense of Marriage Act.

Even if licenses are issued in Virginia Aug. 20, those marriages may still face the threat that the state will not have to recognize them.

Following a similar case in Utah in December, Justice Sonia Sotomayor referred a stay request to the full court, which granted the stay pending, “final disposition on the appeal.” The stay was granted Jan. 6, more than two weeks after marriage licenses were granted to same-sex couples.

The Supreme Court ruled in July that the state of Utah does not have to recognized those same-sex marriages performed before the stay was issued.