The United States Supreme Court stayed the Fourth Circuit’s recent ruling that struck down Virginia’s state ban on same-sex marriages as unconstitutional, holding that same-sex marriages can’t continue in the state until the high court can resolve a dispute over the appellate decision.
The Supreme Court ruled that Virginia’s State Registrar of Vital Records must continue to enforce the ban until the Supreme Court sends down its judgment or denies Virginia’s petition for a writ of certiorari.
Recently, there were oral arguments before the Sixth Circuit Court of Appeals, which affects Ohio, concerning the constitutionality of the Ohio ban on same-sex marriages. A three-panel including Judge Deborah Cook from Akron heard arguments on two Ohio-related cases on August 6, 2014. The first is an appeal from the Southern District of Ohio’s decision requiring Ohio to recognize same-sex marriages on death certificates issued by the state. The second is an appeal from the Southern District’s order requiring Ohio to recognize valid same-sex marriages lawfully performed in states that authorize such marriages. It is likely that the U.S. Supreme Court will review these decisions, regardless of what the Sixth Circuit decides.
For additional information, please contact any member of our Labor & Employment team.