Attorneys for the Virginia county clerk who has been defending the state’s same-sex marriage ban asked the U.S. Supreme Court last night to stay implementation of the Fourth Circuit’s decision, in Bostic v. Schaefer, striking down that ban as unconstitutional.
Per SCOTUSBLOG, that decision will go into effect at 9 a.m. next Thursday absent intervention by the high court.
The request was directed to Chief Justice John G. Roberts, Jr., who handles Fourth Circuit emergency filings. Roberts can act on his own or consult his colleagues.
The Chief Justice has asked for a response to the request by Monday at 5 p.m.
The clerk’s request was prompted by the Fourth Circuit’s refusal this past Wednesday to enter a stay of its own decision.