Jul 28, 2014

Posted in Rule of Law

4th Circuit Invalidates Virginia’s Same-Sex Marriage Ban, Does Not Stay Ruling

In a split 2-1 opinion, the 4th Circuit affirmed the District Court’s determination that the Old Dominion state’s ban on same-sex marriage was unconstitutional. In a pithy footnote on the penultimate page of the majority’s opinion, the court declined to stay its ruling.

Because we are able to resolve the merits of the Opponents’ claims, we need not consider their alternative request for a preliminary injunction. We assume that the district court’s decision to enjoin enforcement of the Virginia Marriage Laws encompassed a permanent injunction, which the Plaintiffs requested in connection with their motion for summary judgment.

There was no discussion of the Supreme Court’s ruling two weeks ago in the Utah case, or any other precedent. The Virginia Attorney General has declined to defend the law, so there will not be a cert petition forthcoming from the Commonwealth. Even if the Supreme Court grants certiorari on the Utah petition, same-sex marriages can commence in Virginia.

Update: Josh Block at the ACLU informed me that the Virginia AG stated that he would file a cert petition. As well, the clerk is a named defendant, subject to the injunction, so he would also be able to appeal. This is different from the clerks in Oregon and Pennsylvania, who were unable to sue.

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  • russedav

    As our highly educated and Biblically literate Founding Fathers observed, abandoning Jesus Christ as God in their thinking insures that men no longer have a rational basis for anything as the current delusional shenanigans by deranged, lawless, fascist, intolerant mental incompetents like this 4th Circus panel prove, having gone on for many decades, long before the Warren Court and its vile progeny witlessly, suicidally pursuing our destruction. It’s always amazing to hear allegedly intelligent people pretend that promoting the old moral turpitude of sodomizing others, especially our kids, the main way the lawless get defenseless new recruits, is some new thing when it was one of the very old causes of the Roman Empire’s demise as it will be ours, lawless, fascist perverts eventually demanding the willy nilly sodomizing of anyone they want, as happened then, and in the French Revolution. What would it be like for leading Dems promoting this mindless depravity like Reid & Pelosi to be forced to disrobe and engage in vile acts of sodomy as they were forced to during in the Roman Empire and the French Revolution where they broke into the churches and had orgies. As Dostoyevsky tragically said, “Without God anything [evil] is possible,” as 4th Circus judges have shown. The Circus used to be mostly the 9th but I guess the disease has spread. God save us.

    • ocrttol

      Unfortunately, as we can readily observe in Syria, Iraq, the Gaza Strip, Israel, and elsewhere: With “… God anything [evil] is possible.”

  • Michael Ejercito

    The district court had stayed its judgment, and would presumably lift the stay once the mandate is issued if the Fourth Circuit’s judgment remains standing or is affirmed by the Supreme Court.

    From what i read of the opinions from the majority and the dissent, they are split on how to apply the Glucksberg principle.