Following Attorney General Mark Herring’s announcement that his office has concluded the state’s policy on gay marriage violates the 14th Amendment rights of same-sex couples, District Judge Arenda Allen, citing “the compelling Notice from the Office of the Attorney General,” notified parties that she no longer sees a need for oral arguments scheduled for January 30. She directed all parties to respond as to whether they believe oral arguments are necessary or “whether the Court should instead rule promptly on the briefs without a hearing.”
So if there is a ruling, and if it’s a positive one, will there be a stay? The answer used to always be yes, but in NJ and UT it was no, and couples started marrying immediately.
Meanwhile, the GOP wants the Democratic Governor to step in and defend the law.
After Attorney General Mark Herring’s declaration this week that Virginia’s same-sex marriage ban is unconstitutional, dozens of Republican lawmakers have sent a letter to Governor Terry McAuliffe calling on him to defend it, the Washington Post reports: “Our attorney just quit on us,” said C. Todd Gilbert (R-Shenandoah), one of 32 delegates who signed the letter. “I guess we need someone to stand up for us in court.” The move put new pressure on McAuliffe (D) to involve himself with Attorney General Mark R. Herring’s decision Thursday to bow out of defending the ban. Herring’s decision was applauded in some quarters as a historic stand for civil liberties, and by others as a devious end run around the will of Virginia legislators and voters.
Not bloody likely.