Bostic v. Schaefer
| Bostic v. Schaefer | |
|---|---|
No. 14-1167
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| Court | United States Court of Appeals for the Fourth Circuit |
| Full case name |
Timothy B. Bostic, et al., Plaintiffs - Appellees, Christy Berghoff, on behalf of themselves and all others similarly situated; et al., Intervenors v. George E. Schaefer, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, and Janet M. Rainey, in her official capacity as State Registrar of Vital Records, Defendant - Appellant; et. al., Defendants, Michele McQuigg, Intervenor - Defendant. |
| Decided | July 28, 2014 |
| Citation(s) | 760 F.3d 352 (4th Cir. 2014) |
| Case history | |
| Prior action(s) | Judgment for plaintiffs sub. nom. Bostic v. Rainey, 970 F. Supp. 2d 456 (E.D. Va. 2014) |
| Subsequent action(s) |
Motion to stay mandate denied, No. 14-1167 (4th Cir. Aug. 13, 2014); Stay granted sub nom. McQuigg v. Bostic, No. 14A196, 2014 WL 4096232 (Aug. 20, 2014); Petition for certiorari denied, No. 14-153, 2014 WL 3924685 (Oct. 6, 2014). |
| Holding | |
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Virginia's same-sex marriage bans impermissibly infringe on its citizens' fundamental right to marry. Judgment for the plaintiffs affirmed 2–1, with Floyd, C.J. writing for the majority; Gregory, C.J. concurring. Niemeyer, C.J. dissents. |
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| Court membership | |
| Judge(s) sitting |
Paul Niemeyer, Roger Gregory, and Henry F. Floyd, U.S. Circuit Judges |
This case was previously styled as Bostic v. McDonnell and as Bostic v. Rainey before being appealed.
Motion to stay mandate denied, No. 14-1167 (4th Cir. Aug. 13, 2014);
Stay granted sub nom. McQuigg v. Bostic, No. 14A196, 2014 WL 4096232 (Aug. 20, 2014);
Virginia's same-sex marriage bans impermissibly infringe on its citizens' fundamental right to marry.
Bostic v. Schaefer is a lawsuit filed in federal court in July 2013 that challenged Virginia's refusal to sanction same-sex marriages. The plaintiffs won in U.S. district court in February 2014, and the Fourth Circuit Court of Appeals upheld that ruling in July 2014. On August 20, 2014, the U.S. Supreme Court stayed enforcement of the Fourth Circuit's ruling pending the outcome of further litigation. State officials refused to defend the state's constitutional and statutory bans on same-sex marriage.
On October 6, 2014, the Supreme Court denied a writ of certiorari to the case, letting the circuit court decision stand.
On July 18, 2013, Timothy Bostic and Tony London, two gay men living in Norfolk, who had been in a committed relationship since 1989, filed a lawsuit in the United States District Court for the Eastern District of Virginia challenging the state's ban on same-sex marriage. The suit was filed by attorneys Erik Porcaro, Robert Ruloff, Thomas Shuttleworth and Charles Lustig on behalf of Tim Bostic and Tony London. It named Virginia Governor Bob McDonnell as the principal defendant. After McDonnell left office in January 2014, the case was restyled as Bostic v. Rainey, with Janet Rainey, the state registrar of vital records, as lead defendant. A lesbian couple, Carol Schall and Mary Townley, married in California and parents of a teenager, joined the case as plaintiffs. On September 30, the American Foundation for Equal Rights attorneys Theodore Olson and David Boies joined the plaintiffs' legal team.
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