Federal courts in North Carolina have stayed proceedings in the same-sex marriage cases here while the U.S. Supreme Court decides whether to review the Fourth Circuit’s decision in Bostic v. Schaefer, finding Virginia’s marriage ban unconstitutional.
Five petitions for review of lower court rulings on the issue are now pending before the high court in various stages of readiness — one each from Utah and Oklahoma and three from Virginia (from different parties).
Lyle Deniston at SCOTUSblog has this full rundown of where the cases stand. Here’s his suspected timing:
Following the series of lower-court rulings on same-sex marriage, petitions posing that issue began arriving at the Court on August 5. In the twenty-four days since then, the other four petitions have come in, so at this stage cases from Oklahoma and Utah are close to being ready for the Justices to consider promptly, as are at least two of the three petitions about Virginia’s ban.
Whether the Court is prepared to step into the controversy at an early point may depend upon whether the Justices are convinced that there is a split on the core issue among lower federal appeals courts. There is a split, but it depends upon taking into account an appeals court decision years before the Court’s ruling last year in the Windsor case. Every federal court ruling on the issue since then has resulted in a nullification of state bans, relying on the reasoning in the main Windsor opinion.
The Justices may want to wait to see if a new split is going to develop at the appeals court level. Many observers now appear to believe, in the wake of a recent hearing before the U.S. Court of Appeals for the Sixth Circuit, that that court may uphold one or more state bans in the four cases it heard.
A split in the circuits may now also be bolstered by today’s ruling from a federal judge in Louisiana, upholding that state’s ban. Of course that decision — the first from a federal district court to uphold a state ban — would have to pass through the Fifth Circuit first, and likely not in time to make it up to the Supreme Court this term.
Here is the order staying proceedings in Fisher-Borne v. Smith and Gerber v. Cooper.
Here is the order staying proceedings in General Synod of the United Church of Christ v. Cooper.