Block on Trump's Asylum Ban Upheld by Supreme Court
The U.S. Supreme Court issued a last-minute order halting gay marriage in Virginia on Wednesday.
In an underwhelming one-paragraph order, the High Court imposed a stay on the 4th U.S. Circuit Court of Appeals' ruling, effectively putting Virginia gay marriage on "pause" until it can be appealed. The Washington Post suggests that the Supreme Court doesn't want to implicate itself in making a decision on marriage by refusing to act.
Was this Virginia decision really all that surprising?
The High Court may not be above drama, as Wednesday was practically the last day in which a stay could be imposed before the 4th Circuit's ruling went into effect. Although this order may have been a buzzer-beater, it wasn't exactly shocking... but not for the reasons you might expect.
Yes, the Court has a number of notable conservatives who've made their disdain for gays and same-sex marriage clear not only in their personal lives but also jurisprudence -- namely Justice Antonin Scalia. But the decision to halt gay marriages until the Supreme Court can hear the appeal in Virginia's case isn't necessarily a partisan one.
In January, Justice Sonia Sotomayor, by all preliminary accounts in favor of gay marriage, granted an order stopping gay marriages in Utah after the 10th U.S. Circuit Court of Appeals refused to stay its decision. The reasoning may be that allowing gay marriages before the Supreme Court can rule on the issue may create a chaotic legal situation. According to the Post, even Virginia's Attorney General, who has vowed to fight the marriage ban, asked the High Court to put gay marriages on hold pending appeal.
While the Court's order doesn't say much, it does mention that the stay was issued in anticipation of an appeal to the Supreme Court, meaning Virginia should be appealing to the High Court soon. The order also says that should the Court refuse to hear the appeal, the stay will terminate automatically.
For Virginia same-sex couples hoping to marry, this means that there are four possible outcomes:
Whatever the outcome, Virginians may have to wait a while longer for the gay marriage issue to be resolved.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Sign into your Legal Forms and Services account to manage your estate planning documents.Sign In
Create an account allows to take advantage of these benefits: