Idiot, Bigoted County Clerk asks U.S. chief justice to block Virginia gay marriages

[joeybee12]

WASHINGTON (Reuters) - A county clerk in Virginia on Thursday asked U.S. Chief Justice John Roberts to block an appeals court ruling that would allow gay marriages to go ahead for the first time in the state next week.

Lawyers for Michele McQuigg, Prince William County clerk of court, said they filed an emergency stay application at the U.S. Supreme Court seeking to prevent an appeals court ruling that struck down the state's ban on gay marriage from going into effect.

The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, invalidated the ban in a ruling issued on July 28. The court said on Thursday that the ruling would go into effect on Aug. 21 if the Supreme Court does not intervene.

Roberts, who has the responsibility of handling emergency applications from the Richmond-based appeals court, can either act on the application himself or refer the matter to the Supreme Court as a whole.

http://news.yahoo.com/official-asks-u-chief-justice-block-virginia-gay-221241777.html

[justiceischeap]

1. Well, she's stepped in it now, hasn't she?

I can't see how this plays out well for her and I can see how this speeds up the process for the LGBTQ community.

There are 3 possibilities with this (I think):

1. Robert's refuses to hear the emergency application
2. Robert's takes the matter to the USSC and they refuse to hear it (letting the 4th US Circuit Court decision stand)
3. The USSC finally takes the matter of of marriage equality on the docket and we either win or lose

Am I missing anything?

[joeybee12]

2. 1 and 2 are possibilities...I can't see 3 happening...

He'll wait it out..from the last set of arguments and they questions they posed, seems they (SCOTUS) want to wait and not deal with this just yet.

[csziggy]

3. Why would a county clerk have standing?

Her job is to do what the law states as passed by the state legislature, signed by the governor and interpreted by the courts. She is NOT allowed to do any of those steps, particularly interpret the law. She is not harmed by the striking down of the ban.

If she does not want to perform her job she can quit and go home.

[joeybee12]

4. Roberts may very well rule she doesn't have standing...

Could be a way for him to avoid the matter completely, which is what i bet he wants to do.

[dsc]

5. because VA law gives her standing

the law in VA specifically states that any county clerk can sue.

[csziggy]

6. I forget - Virginia has some strange laws

It's not as off kilter as Louisiana law but it is different than most other states.

Thanks for the reminder!

[dsc]

9. I suspect that is part of the reason that Boies and Olsen sued there

this time even if the state officials refused to appeal, as they did, they knew that some county clerk would appeal.

[shenmue]

7. Hope she blocks marriages for straight guys who beat their wives

I used to see a lot of that years ago when I was a reporter, covering the courts. Every week, more abuse arrests.

[joeybee12]

8. You mean marriages that God Himself has deemed proper?

Nope, only the sinful ones.

I wish the article was longer...a little more background on the reasoning behind asking for a stay...their flimsy legal arguments for it.

[theHandpuppet]

10. Here's much more information for ya

http://www.dailykos.com/story/2014/08/15/1321822/-NOM-Clings-To-The-Wrong-Precedent-To-Call-For-Stay-Of-Marriage-Equality-In-Virginia#
Fri Aug 15, 2014 at 02:54 PM PDT.
NOM Clings To The Wrong Precedent To Call For Stay Of Marriage Equality In Virginia
by leftprogressiveFollow
for Kossacks for Marriage Equality.

(excerpt)
They're desperate. The stay of Kitchen v. Herbert is not a good indicator or precedent to determine what will happen in Virginia. You probably know that in Virginia, neither Governor McAullife nor Attorney-General Herring are defending the ban. In Utah, however, the state is defending the ban. The request for a stay of the District Court decision came from them, and because they have standing to appeal the ruling, the stay was granted.

I am very skeptical that Michele McQuigg has standing to appeal this ruling, and would not be surprised if the Fourth Circuit's decision is later vacated for this reason. She is only a county clerk, and we've seen county clerks attempt to intervene and ask for stays before. Last month, Justice Alito denied a request from Pennsylvania clerk Theresa Santai-Gaffney to stay Whitehood v. Wolf, the decision legalizing same-sex marriage in Pennsylvania. In both Pennsylvania and Virginia, neither the governor nor the attorney-general appealed the favorable District Court decisions.

In denying the Pennsylvania stay, Justice Alito cited National Organization for Marriage v. Geiger, the case where NOM sought a stay of marriage equality in Oregon from the Supreme Court and was denied. In both Oregon and Pennsylvania, it was clear that only the state may request a stay, and the situation is Virginia is no different. McQuigg is not a representative of the state of Virginia.

To me, it's telling that NOM chose to cite the stay granted in Utah as opposed to the stays denied in Oregon and Pennsylvania as a reason in favor of a stay in Virginia. That they are citing completely irrelevant cases suggests to me that they know will lose in Virginia. They know that the relevant cases do their cause no good....

MORE at link provided above.

[joeybee12]

11. DSC says above that she would have standing in VA...

Also, could be good because I doubt SCOTUS will take it up, and if Roberts took her case, they'd have to take the case...hmmm