RICHMOND, Va. — Same-sex couples could begin marrying as early as next week in Virginia after a federal appeals court refused Wednesday to delay its ruling that struck down the state’s same-sex marriage ban.
The state also would need to start recognizing same-sex marriages from out of state, although the U.S. Supreme Court effectively could put same-sex marriages on hold again if opponents are able to win an emergency delay.
A county clerk in northern Virginia had asked the 4th U.S. Circuit Court of Appeals in Richmond to stay its decision striking down the ban, issued in late July, while it is appealed to the high court. The 4th Circuit decision “shows that there’s no longer a justification to keep same-sex couples from marrying,” said Nancy Leong, a law professor at the University of Denver.
Clerks in other states within the 4th Circuit — West Virginia and the Carolinas — wouldn’t have to begin issuing licenses as well, but federal courts likely would make them if they don’t, Leong said.
