Politics & Government

Same-Sex Marriage On Hold in Virginia

Supreme Court grants delay of Appeals Court ruling that struck down Virginia's gay marriage ban.

The U.S. Supreme Court has granted a delay for same-sex marriage in Virginia, pending a potential review of the 4th Circuit Court of Appeals decision last month to strike down the state’s ban.

Same-sex marriage would have been legal in Virginia beginning Thursday morning, but action by the U.S. Supreme Court had been expected, considering a stay had been granted in a similar case in Utah.

The American Civil Liberties Union of Virginia issued a statement noting disappointed with the decision.

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“Until the Supreme Court rules on marriage equality, many gay and lesbian Virginians will live without legal recognition of their relationships with their children, access to their spouse’s health insurance benefits, the ability to make medical decisions for their spouse and countless other rights that other married couples take for granted,” wrote ACLU-Virginia Executive Director, Claire Guthrie Gastañaga.

Late last month, the 4th Circuit Court of Appeals ruled against the state’s same-sex marriage ban, stating that it denied gay and lesbian couples their constitutional right to equal treatment under the law. Last week, the same panel refused arequest to delay those marriages pending a Supreme Court appeal.

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Same-sex marriage bans have been defeated in several challenges in recent months. It appears inevitable that the Supreme Court will weigh in on the issue during its next term, which begins in October.

A similar delay in Utah was approved by the Supreme Court. In that case, couples were already getting married for two weeks. Those marriages have been put on hold by the state pending the appeal, but they are recognized by the federal government.

There are 19 states that 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.

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