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Same-sex couples will not be getting married on Thursday morning after the U.S. Supreme Court granted a stay on an appeals court decision to overturn the Virginia’s ban on gay marriage.
This comes after a July 2-1 decision by the U.S. Circuit Court of Appeals for the 4th Circuit in Richmond that would have meant same-sex marriages must be allowed and recognized in Virginia. This stay was allowed less than 24 hours before changes would have went into effect, as stated by Reuters.
The stay was asked for by a northern Virginia county clerk. The Associated Press said the court has provided no statement along with it’s decision.
In the case of Bostic v. Schaefer the 4th circuit found the ban to be unconstitutional. The plaintiffs in the case argued that the ban infringed on the due process and equal protection clauses of the 14th Amendment.
The Supreme Court issued a similar stay in Utah. Freedom to Marry stated on their website that the case could be appealed by the Supreme Court, “but that it may first ask for an en banc hearing before the entire 10th Circuit Appeals Court.” En Banc means all appeals judges in the circuit will make the decision.
The American Federation for Equal Rights, the organization leading the Bostic case, issued a statement after the stay was granted. It said the stay will stay in place “until the case has been fully briefed, argued, and decided by the high court.”
“If the Supreme Court does not grant review,” the statement continued. “It is expected the stay will be lifted and couples will be able to marry in Virginia at that time.”