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U.S. Supreme Court stays gay marriage in Virginia

Virginia Attorney General Mark Herring joined a request for a stay on gay marriage, saying it should remain banned until the Supreme Court decides the issue.

By Frances Burns
Virginia's ban on same-sex marriage remained in force after the U.S. Supreme Court stayed a ruling that clerks must begin to issue marriage licenses. UPI/Kevin Dietsch
Virginia's ban on same-sex marriage remained in force after the U.S. Supreme Court stayed a ruling that clerks must begin to issue marriage licenses. UPI/Kevin Dietsch | License Photo

RICHMOND, Va., Aug. 20 (UPI) -- Virginia's ban on same-sex marriage remained in force after the U.S. Supreme Court stayed a ruling that clerks must begin to issue marriage licenses.

State Attorney General Mark Herring is a Democrat who opposes Virginia's constitutional amendment banning gay marriage. But he joined supporters of the ban in seeking a stay on the grounds that Virginia should not make the change until the Supreme Court decides whether bans on same-sex marriage violate the U.S. Constitution.

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A federal appeals court ruled July 28 that the Virginia ban is unconstitutional. The court then ruled last week that its decision should take effect.

Since the Supreme Court struck down the federal Defense of Marriage Act last year, legal challenges have been made in every state where same-sex marriage remains illegal. Some laws have already been overturned, while other cases are pending.

In two states, Oregon and Pennsylvania, state officials decided against appealing judges' decisions, allowing same-sex marriage to become legal.

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