The office of the executive secretary for the Virginia Supreme Court issued the following advisory to circuit court clerks around the state today following an appeals court decision to not delay lifting the state's longtime ban on same-sex marriage:
"Today the Fourth Circuit issued an order in Bostic v. Schaefer denying the motion to stay the mandate of its July 28, 2014 decision striking down Virginia’s ban on same-sex-marriage as unconstitutional. As Attorney General Herring has previously advised, Virginia’s ban will remain in effect until the Court issues its mandate.
Unless the Supreme Court of the United States intervenes, the mandate will issue 7 days from today, on Wednesday, August 20, 2014, at which time the lower court's injunction will take effect. See Fed. R. App. P. 41(b). We have confirmed with the clerk's office of the court of appeals that the mandate will issue next Wednesday.
In the meantime, the Office of the Attorney General has advised that it remains premature and inappropriate for circuit court clerks to issue marriage licenses to same-sex couples.
It is possible that the Supreme Court will grant a stay of the Fourth Circuit’s mandate pending resolution of any petitions for a writ of certiorari (Virginia filed such a petition last Friday, August 8). If the Supreme Court orders a stay, the Fourth Circuit's mandate will not issue and Virginia’s same-sex-marriage ban will remain in place pending resolution of the case by the Supreme Court.
In the meantime, the State Registrar advises us that she is taking steps to revise the marriage forms. State law provides that only the State Registrar can prepare the required forms."