What the Virginia Same-Sex Marriage Ruling Means for You

The U.S. Fourth Circuit Court of Appeals in Virginia became the second federal appeals court in the United States to strike down a state’s gay marriage ban Monday.

Breakdown of the ruling:

The majority opinion, written by Judge Henry Franklin, noted that the state’s only argument for banning same-sex marriages lies in a concept known as “responsible procreation” that has been cited in similar bans in Utah and Texas, among other states.

“We see no reason why committed same-sex couples cannot serve as similar role models,” Franklin wrote. “…Allowing infertile opposite-sex couples to marry does nothing to further the government’s goal of channeling procreative conduct into marriage. Thus, excluding same-sex couples from marriage due to their inability to have unintended children makes little sense.”

Judge Paul Niemeyer wrote in his dissent that gay marriage bans are necessary to secure “stable family units” and “giv[e] children an identity.” Without these bans, Niemeyer writes, states may be forced to recognize “polygamous or incestuous relationships,” citing Justice Antonin Scalia.

Virginia Attorney General Mark Herring (D) said Monday at a news conference in Richmond that he is proud that “the Commonwealth of Virginia is leading on one of the most important civil rights issues of our day.”

Does this mean same-sex couples can marry in Virginia?

The U.S. Court of Appeals for the 4th circuit covers five states: Maryland, North Carolina, South Carolina, Virginia and West Virginia. Though the court only struck down Virginia’s marriage ban, the ruling is binding to each of the states within the circuit (including Maryland, where same-sex marriage is already legal).

Monday’s ruling does not immediately require states within the 4th Circuit to begin issuing marriage licenses to same-sex couples, though local clerks and government officials are now allowed to do so, Equality N.C. reports.

Since the announcement, Arlington County has already opened its doors to gay couples. Clerk of the Circuit Court Paul Ferguson said his office is prepared to “start issuing marriage licenses to same-sex applicants immediately,” ARLNow reports.

North Carolina Attorney General Roy Cooper said Monday the state would stop defending its same-sex marriage ban against challenges in court, adding he made the decision because Monday’s appeals court ruling “predicts our law will be struck down,” the Charlotte Observer reports.

“Simply put, it is time to stop making arguments we will lose and instead move forward, knowing that the ultimate resolution will likely come from the U.S. Supreme Court,” Cooper said.

A spokesman said South Carolina’s attorney general, Alan Wilson, sees no need to change course, the Associated Press reports.

What happens next?

The ruling will not take effect until Aug. 18 and could be put on hold indefinitely if those seeking to appeal the decision are granted a stay.

The court will decide over the next few days if there is a stay on the decision, which defendants in the case will likely request, according to Equality N.C. The case could either be appealed and head to the United States Supreme Court or go before the full 4th Circuit Court of Appeals in an en banc hearing.

If the court issues a stay, nothing would immediately change for same-sex couples in any of the states within the 4th Circuit. Any marriage licenses issued during a stay would not be issued pursuant to a court order and could be subject to significant legal uncertainties.