What’s next after Va. gay marriage ruling

[mahatmakanejeeves]

Now that the dust has settled, what comes next?

What’s next after Va. gay marriage ruling

Posted: Tuesday, July 29, 2014 10:30 pm

BY MARKUS SCHMIDT Richmond Times-Dispatch

While Monday’s landmark ruling by the 4th U.S. Circuit Court of Appeals to render Virginia’s marriage amendment as unconstitutional may go into effect in three weeks, the ability of same-sex couples in the commonwealth to apply for marriage licenses will likely come down to a U.S. Supreme Court challenge.

The defendants, Norfolk Circuit Court Clerk George Schaefer and Prince William County Circuit Court Clerk Michele B. McQuigg, have 21 days to seek a rehearing before the full Court of Appeals and to request a stay of the decision. ... “If the appellate court denies a stay, it issues a mandate and people can marry – unless a stay is sought from, and granted by, the U.S. Supreme Court,” said Carl Tobias, a constitutional law professor with the University of Richmond School of Law.
....

Virginia’s marriage amendment isn’t the only gay marriage ban that is likely headed to the U.S. Supreme Court. ... “Justices will probably consider the appeals from the 4th, 5th, 6th, 7th and 10th Circuits in deciding to grant review and, if they do, decide the case,” Tobias said. ... If all circuit courts agree – and so far, those who have ruled have agreed – it is also possible that the Supreme Court could refuse to take on same-sex marriage this fall and would send the challenges back to the states.


“If they differ, it is more difficult for the Supreme Court to tolerate different legal regimes in different areas of the United States,” Tobias said. “My sense is that either the 5th or 6th Circuits might reverse district courts and thus uphold bans, thereby creating a ‘circuit split,’” he said. ... A challenge to a gay marriage ban in Texas is currently under review by the 5th Circuit Court of Appeals, which is widely considered the most conservative appeals court, Tobias said.
....

[e-mail] [phone] Twitter: @MSchmidtRTD

[theHandpuppet]

1. It's inevitable

This crazy patchwork of gay rights laws must eventually come before SCOTUS.