Yesterday, the U.S. Supreme Court granted a stay on the ruling of the U.S. Fourth Circuit Court of Appeals' decision on Virginia's Marriage Amendment, which declared it, as well as Virginia's statute protecting marriage as between one man and one woman, unconstitutional. The stay prevents same-sex "marriages" from taking place until the matter is resolved by the High Court. The action comes about a week after the Fourth Circuit failed to grant a stay of its own decision, even though courts of all levels typically grant such stays when the ramifications of the decision can cause chaos and disruptions, when stays have been granted by a higher court on the same issue, and/or when it is certain that a higher court will take up the case. All of these characteristics apply to this situation.
The Fourth Circuit's act of judicial activism — potentially creating same-sex "marriage" by judicial fiat — could have caused mass confusion in Virginia, particularly if the Supreme Court reverses the Fourth Circuit's decision. Experts expect the Supreme Court to take up the issue of state marriage amendments in its next term, which begins October 6.
Our friends at Alliance Defending Freedom are representing Prince William County Clerk of Court and former member of the House of Delegates Michele B. McQuigg in defense of Virginia's Marriage Amendment in the absence of Attorney General Mark Herring defending state law as his oath of office prescribes, and because of the lack of representation provided by Governor Terry McAuliffe as allowed in such circumstances. In a statement released yesterday, ADF senior counsel Byron Babione said:
Virginians deserve an orderly and fair resolution to the question of whether they will remain free to preserve marriage as the union of a man and a woman in their law. By granting our request to place a hold on the 4th Circuit's decision, the Supreme Court is making clear, as it already did in the Utah marriage case, that it believes a dignified process is better than disorder. The Supreme Court acted wisely in restraining the lower court from implementing a ruling of this magnitude before the high court has a chance to decide the issue.
Stay tuned . . . and pray. This matter is far from settled.
Please check back to this blog over the next few days or early next week for a particularly extraordinary interview that speaks to many of the issues regarding whether same-sex "marriage" is legitimate. It is something not to be missed.