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Virginia seeks review of gay marriage ruling

RICHMOND, Va. (AP) -- Virginia Attorney General Mark Herring said Tuesday he would ask the Supreme Court to review a decision that struck down the state's ban on same-sex marriage, although he supports the lower court's decision.

The Democrat has chosen not to defend the state's law, but has also asked for 4th U.S. Circuit Court of Appeals to stay its decision because he believes there could be unintended consequences. Herring's office said it planned to make its filing seeking a Supreme Court review on Friday.

"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," Herring said in a statement.

On Monday, the plaintiffs in the case challenging Virginia's same-sex marriage ban said they wanted a federal appeals court to allow gay marriages to occur before the U.S. Supreme Court can rule on the issue.

"The right to marry is fundamental, and thus Virginia's marriage prohibition irreparably harms plaintiffs-appellees -- and all gay men and lesbians in the commonwealth -- each day that it remains in force," attorneys for two gay couples challenging the law wrote in a Monday court filing.

Last week, a county court clerk in northern Virginia sought to delay the 4th U.S. Circuit Court of Appeals' ruling striking down Virginia's law while it is appealed. That 2-1 ruling upheld the decision made by a lower district court in Norfolk.

Attorneys for Michelle B. McQuigg, clerk of Prince William County's Circuit Court, had argued in their filing that the delay would "ensure the orderly resolution of the important constitutional question presented in this case while avoiding uncertainty for the public and irreparable injury to the commonwealth."

Without a stay, marriage licenses for Virginia same-sex couples could be issued 21 days after the ruling.

In the Monday filing, attorneys wrote that allowing the immediate enforcement of the district court's injunction would not result in any irreparable injury to the Prince William County clerk, the state of Virginia or the public interest.

"In the unlikely event of reversal by the Supreme Court, any purported uncertainty about the validity of same-sex marriages performed before that decision could be addressed on remand. In any event, that risk of uncertainty falls on those same-sex couples who choose to marry before the Supreme Court has ruled, rather than on Clerk McQuigg or the Commonwealth," the filing says.

The appeals court typically grants stays while cases are appealed to the Supreme Court. The American Civil Liberties Union of Virginia and Lambda Legal have also opposed the stay.


Fred good news giving gays equal rights does not mean you have to be less bigoted or hateful towards gay people.

There are many abnormal behaviors that are sick and disgusting committed by opposite sex married couples.

I for one will be relieved when we as a society can put this whole debate behind us.  With all the issues facing us, why we choose to focus so much attention on this matter is beyond me.  The one question I have for all the opponents of gay marriage is “why are you opposed?”  Save me the ‘it goes against the bible’ or ‘because god says so’ rhetoric.  That’s a convenient and ambiguous excuse.  There are far many more people who live their lives against what the bible says…but you choose not to fight them.  So what is it?  For real?  Is it a affront to the sanctity of “traditional marriage”? Maybe if you spent more time improving the success rates of your own marriages, you wouldn’t be so quick to deride the efforts of those who have absolutely no impact on your quality of life or your place in heaven.  I find it hard to swallow the hypocrisy.

There is nothing normal or natural about homosexuality. A Government stamp of approval on homosexual marriage won’t change that fact. It will remain abnormal behavior that is sick and disgusting.

Its funny that oranges thinks they will rule against gay marriage, so far they have ruled in favor of gays in 3 cases all based in the 14A just like these federal cases. Mark Herring is doing this because he knows such a ruling will change the law nation wide so we won’t need court battles for the last 24 states.

SM - With a statement like that, I can see why you can’t win an election.

Must be the gay couple versus the married man and wife.

A same-sex couple married in Maryland that moves to Virginia will have its marriage recognized by the United States, but not by the Commonwealth.

Virginia law forbids my wife, who is a notary, from notarizing my signature. But, if one member of that Maryland couple is a notary, because Virginia does not recognize their marriage, that spouse can notarize the other spouse’s signature.

Since our Republican majority, in its wisdom, must have seen this coming, I can only wonder why Bob Marshall and his colleagues wanted to give more rights to gay couples than to straight…

Let same sex couples marry. There is little difference between those that married in Virginia during a period of unsettled law and those that went out-of-state to get married. The marriage firewall has been breached. Anti-gay is no longer the get-out-the-vote for conservatives and in fact is probably going to be milked by Democrats to paint the Republicans as intolerant.

Whatever, Virginia will eventually accept same-sex marriages whether by judicial fiat (quick) or by amending the constitution (slow.) No need to harm same-sex couples and their children while the political machinery churns.

Where does it say that same sex marriage is fundamental? Nowhere that I see, this is all courtroom gymnastics until the Supreme Court rules against gay marriage and rightly so.

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