American Foundation for Equal Rights

Marriage News Blog

AFER urges the Supreme Court to review Bostic case

Today, AFER filed a response to the Commonwealth’s petition for review with the Supreme Court urging the high court to take up the Bostic case and rule in favor of marriage equality once and for all.

“This case is about justice and about redeeming the constitutional guarantee of equality for countless gay and lesbian couples that has been denied for far too long,” said Adam Umhoefer, executive director of American Foundation for Equal Rights. “Since AFER’s founding, we have looked toward a day when all Americans, gay or straight, can marry the person they love. We have successfully argued in favor of marriage equality once before at the Supreme Court and restored the freedom to marry in California. We are prepared to argue the case for freedom and equality for all couples across the nation, and the Supreme Court must rule in favor of the fundamental right to marry for all Americans.”

Virginia Attorney General Mark Herring, on behalf of Registrar of Vital Records Janet Rainey, filed its petition for writ of certiorari, or request for review, on Friday, August 8, 2014.

Clerk of Court for Norfolk Circuit Court George E. Schaefer filed a second petition on Friday, August 22, 2014.

Though our plaintiffs have won in both the U.S. District Court for the Eastern District of Virginia and in the U.S. Court of Appeals for the Fourth Circuit, both the state and plaintiff parties agree that the Bostic case presents an incredibly important constitutional question which must be answered immediately.

Marriages for gay and lesbian couples were set to begin in Virginia on Thursday, August 21, 2014, but the Supreme Court issued an emergency stay in light of the petitions for writ of certiorari being filed with the court.

Should the Supreme Court choose to review the Bostic case, the stay will remain in place until the case has been fully briefed, argued, and decided by the Justices.

An appeal to the Supreme Court is costly. With your support, we can continue our fight until every gay and lesbian couple can enjoy the fundamental freedom to marry.