4th Circuit Court of Appeals denies request to delay marriage ruling
August 13, 2014
UPDATED 8/14: This post has been updated to reflect that the mandate is now scheduled to take effect at 8:00am on Thursday, August 21.
Today, August 13, the United States Court of Appeals for the 4th Circuit denied a motion from defendant Michele McQuigg to grant a stay in the mandate of their marriage ruling from late last month.
The ruling, which simply says, "Upon consideration of submissions relative to the motion to stay mandate, the court denies the motion," means that unless there is further action from the United States Supreme Court, a mandate will be issued in the ruling on Wednesday, August 20 and same-sex couples will have the freedom to marry and have their marriages respected in VA.
The defendants in the case could still seek a stay in the case from the U.S. Supreme Court.
Claire Guthrie Gastañaga, Executive Director of the ACLU of Virginia, said today: "We hope that the Supreme Court will leave this ruling in place, so that same-sex couples may begin marrying right away. Our clients have already waited far too long to exercise their constitutional right to marry, or to have their marriages from other states recognized."
McQuigg filed her motion nearly two weeks ago with the 4th Circuit, seeking a delay in the mandate while she files a writ of certiorari with the United States Supreme Court. In the meantime, Virginia Attorney General Mark Herring has already filed his own writ of certiorari with the Supreme Court, explaining that the country needs national resolution on marriage as soon as possible.
Two other cases out of Utah and Oklahoma have been petitioned for review by the Supreme Court.