The U.S. Supreme Court on August 20 tapped the brakes on the fast-moving litigation seeking to overturn bans on same-sex marriage. As expected, the court delayed enforcement of a ruling by the U.S. Court of Appeals for the Fourth Circuit that struck down Virginia’s ban. The unsigned order in McQuigg v. Bostic said the decision was stayed “pending the timely filing and disposition of a petition for a writ of certiorari.”
Local clerks who were preparing to handle same-sex marriages in the commonwealth beginning on Aug. 21 put those plans on hold. Had the high court allowed the circuit ruling to take effect, bans in other states in the Fourth Circuit — North Carolina, South Carolina and West Virginia — also would have been affected. The next likely step: The court will consider whether to docket the Virginia case or others during its private conference on Sept. 29.
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