American Foundation for Equal Rights

Marriage News Blog

Supreme Court to decide whether to review marriage equality next term

AFER just received word from the U.S. Supreme Court that it will discuss whether to hear appeals in Bostic v. Schaefer, our federal constitutional challenge to Virginia’s discriminatory marriage ban, at its private Conference on Monday, September 29.

The court will also consider the four other cases challenging marriage bans from Utah, Oklahoma, Wisconsin, and Indiana.

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“Gay and lesbian couples in Virginia should not have to wait another day to enjoy their right to marry,” said AFER Executive Director, Adam Umhoefer. “The distribution of our case for the Court’s consideration brings us one step closer to our mission of marriage equality for all Americans. Our Constitution’s guarantee of liberty and equality soon will be realized for all loving and committed couples, no matter what state they reside in.”

The Court is expected to release an Orders List on October 6, 2014, that will indicate which – if any – marriage equality case or cases it will consider for its 2014-2015 term.

The Supreme Court has the option to grant multiple marriage cases, grant only one, delay consideration of any cases, or deny all of them. Should the Court grant review in Bostic, the Justices will go on to consider whether Virginia’s marriage ban violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

If the Court denies review in Bostic, the July 2014 decision of the United States Court of Appeals for the Fourth Circuit that struck down Virginia’s marriage ban will be binding and gay and lesbian Virginians will be able to marry in the Commonwealth.

Find out what happens next >