CHARLESTON, W. Va. – West Virginia Attorney General Patrick Morrisey is requesting a federal judge delay action in a case against the state’s ban on same-sex marriage.

Two days after the U.S. 4th Circuit Court of Appeals issued a 2-1 ruling which claimed Virginia’s ban on same-sex marriage was unconstitutional, Morrisey’s office filed the motion.

On June 10, Judge Chuck Chambers stayed the case referred to as McGee v. Cole to see how the 4th Circuit would rule in Virginia’s case.

The attorney general is requesting the continuance of this stay, writing, “the State urges the Court to continue to stay its consideration of the merits in this case until the 4 Circuit issues the mandate in [the Virginia case]. As this Court is aware, the Fourth Circuit’s decision has no binding legal effect until the mandate issues.”

Morrisey reasons the mandate will not be issued until 21 days after the decision and a potential appeal would delay implementation of the ruling.

A ruling by Judge Chambers could lead to confusion and further lawsuits, Morrisey wrote.

“Where district courts have failed to take steps to allow for orderly appellate review, confusion has followed. In Utah, for example, 1400 same-sex couples sought marriage licenses during the time between a federal district court’s decision and the Supreme Court issuing a stay…A second lawsuit ensued to resolve whether these licenses were valid, a lawsuit that would have been unnecessary had the district court issued a prompt stay.”

The office is also requesting a date for arguments to be set on the “Jurisdictional And Procedural Issues” of the case.

In the case of McGee v. Cole, three same sex couples in West Virginia filed the lawsuit against Kanawha County Clerk Vera McCormick and Cabell County Clerk Karen Cole saying they’d been denied marriage licenses, which they argue violated their constitutional rights.

Morrisey intervened in the case, claiming he must defend the constitutionality of West Virginia’s constitution and the ban. He also cited no other state agencies were listed as defendants.

The motion filed Wednesday requests the arguments because “The [Virginia] case and other similar cases working toward the Supreme Court do not have the core problem that is present in this case: the absence of the state officials charged under state law with the administration of state marriage laws. Indeed, other courts have held that the presence of such state officials as defendants have given rise to jurisdiction to consider the merits.”

Later on Wednesday, lawyers representing the same-sex couples filed a motion requesting Judge Chambers deny Morrisey’s request, take up the case once more and rule in their favor, citing the 4th Circuit Court’s ruling.

The court has yet to respond to either request.

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Comments

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  • Independent

    Gay marriage isn't accepted by the majority of the populace, thus take it to court - typical liberal play book. I honestly couldn't care less about this issue. However, as far as rights and laws go, I believe they should have the same benefits as straight married couples - benefits such as insurance rates, tax credits, etc. are fine to share with the gays. I don't believe the gays are about that as much as they are as wanting the whole country to accept a lifestyle choice that only a minority support. Just my 2 cents.

  • david

    It is interesting to read the misdirecting propoganda and mistatements by those who support the illegitiate idea of homosexual marriage. The Homosexual Agenda will not stop pushing their views while the cowards capitualte. The truth is that the practice of Homosexuality is an abomination in the eyes of God. There is no defense, despite efforts to justify their position, remove God from the equation, ridicule the truth and equate the sinful behavior of homosexual practice with real injustice like slavery. The Homosexual Agenda and all of its minions will someday come to know and accept the Truth in regards to what God says. One day, every knee will bow. Bravo to AG Morrisey. Not only is he defending the legal status in WVa, but also the Moral line. As far as I know, there is not a definition for marriage in the US constitution, and activist federal judges are creating a definition that is indeed contrary to what God has established as a Holy union between one man and one woman.

  • Gary Karstens

    Morrisey is a pure waste!!!! He caters to the backward, Bible-clinging, gun-toting hicks. He stirs up hate. He is not accepting of any body different than him. He doesn't follow Jesus principle of love one another and not to condemn others. He is a true ogre if society.

  • straight mate

    Stay focused wv no gay marriages, you all better start opening that bible. You don't have to be a bible thumper to know right from wrong. NO YOU WERE NOT BORN THAT WAY, every child is a gift from God so why would he create a mutated gay baby that's just ludicrous

  • MOCO man

    Do not stop the fight........fight for what is right for West Virginia!!! We do not agree or accept gay marriage.........they made a bad choice to be gay.........big difference in rights and what people want.....

    • Seriously

      No one chooses to be gay, you don't choose to be straight. It's something you're born with. If you can choose your sexuality, go try to have sex with a person of the same gender goes and see how grossed out you are. Gay people feel the same way about the opposite sex.

      • What???

        That's the dumbest thing I've ever read!! You can't truly believe that!

    • JR

      Couldn't have said it better myself!

  • any major dude

    If JR represents Right Wing Conservatism and jc represents certain Christian views,
    God help us indeed.

  • JTC

    Once again the AG is wasting time and tax dollars on a subject matter that he has no control over, it is here to stay time to move on.

  • JR

    I'm a proud Right Wing Conservative and you liberals can't get mad because it's not a choice.... " I was born this way "!!!!

  • jcsmith

    People wake up before it is to late the gay lifestyle is SIN SICKNESS.

  • jcsmith

    Trust me they are using gay marrage to stop people from accepting JESUS as their personal savior.

  • Wesley

    I've said it once and I will say it again, this man is nuts. Right wing nut job for sure.

    • jcsmith

      So you are a left wing nut job then lol!!''

    • jcsmith

      Thanks wesley I'll pray for you my friend.

      • Wesley

        Pray for me? Let me put it this way "The curse of the Pharoah is but a poor sample of what awaits the plantation class."

        The curse of the Pharoah is what you should fear, my friend. It is I that will pray for you.

  • Imgrill

    We have serious 21st century issues to deal with in WV. Unless you are gay why does this matter ? It won't effect your marriage or who you may choose to marry. Marriage is a legal institution, people who are religious often bring religion into it. You have that right but don't use my religion to try to justify your prejudice. We point fingers at others who use religion as a basis for their unreligious acts. Drop the fight AG and spend your time on things that will help WV. State has enough problems that no state official should spend 10 seconds on this one.

    • Neal

      I've heard the "it won't affect you" argument one too many times. Here's how it will affect straight people:

      -Courts have already decided that you MUST provide marital services (such as providing a wedding cake) to homosexual people, even if you object on religious grounds. In the future this will be extended to other services.
      -It won't be long before pastors are forced to perform marriages for gay couples or face equal protection lawsuits.
      -In the future pastors may very well face hate speech lawsuits for preaching against homosexuality.
      -My children and grandchildren and other loved ones in the future will face a society in which living a wholesome Christian life will be increasingly difficult due to societal pressures to accept homosexuality.
      -My children, and all of their classmates, weren't permitted to take a shower after gym class, even though there were perfectly good showers in the school.
      -A phenomena that started several years ago and continues to grow are unisex bathrooms.
      -Many companies are requiring employees to attend Diversity training to force you to "accept" homosexuality and other lifestyles which contradict their religious beliefs.

      And those are just the ones I could think of off of the top of my head.

    • Bobby

      It matters because our Country is falling apart. Read goal #26 of communist party usa as food for thought.

    • jcsmith

      It matters to Christian's because the next step will be you can't preach about it in the church.

      • Wesley

        YOU do NOT get to speak on behalf of Christians. Period.

        A real Christian would know that!

        • jcsmith

          Wesley I hope and pray you become a christain.

  • MK

    I think Attorney General Morrisey is correct in asking for time to see how the ruling from the 4th Circuit finally plays out, to avoid the confusion we have seen in other states. However, those who oppose same sex marriage are fighting a losing battle. It is a losing battle because they want to deny basic human rights to a group of people they view as different and inferior. It is just a matter of time (perhaps a long time) until ALL people can marry, and children will read of this much in the same way children of my generation read about slavery.

    • hillbilly

      Most gay couples already live together, just like unmarried straight couples. The only difference with marriage is that piece of paper.. entitling them to financial benefits such as joint tax status, inheritance, etc. There is no basic human right entitling anyone to financial benefits..

    • Max

      Please...comparing gay marriage to slavery is unconscionable...being enslaved was not a choice for the blacks or any other race, including whites, who have fallen prey to human traffickers. Being gay is a choice...consensual sexual interaction between two human beings is always a choice...from the beginning of Creation...the Creator intended that interaction to be between a male and a female...otherwise HIS creation ceases to procreate. If I'm reading your "ALL people can marry" I guess children marrying children and adults marrying children is OK with you...how about marrying your dog...none of this is very far down the road we are traveling...at a high rate of speed I might add,since Obama has come on the scene. GOD forgive us as a nation.

      • Debra

        Procreation has evolved. It is not necessary to marry to have sex. It is only necessary to have sex, use artificial insemination or enveto fertilization to procreate. These methods are all used by both married and unmarryed people. Marriage is really just a legal contract between consenting adults. Procreation will continue.

      • Common Sense

        Please educate yourself. Being gay is not a choice. The US and all the states are not governed by the "Creator". We have a separation between church and state for a very good reason. People like you are no different from the hard lined muslims that twist the readings of the bible to suit your agenda. The Bible is full of contradictions.

        • Neal

          Having sex with the same gender IS a choice. Even if you don't believe in God, then evolution still does not provide facts to support that homosexual people have evolved. The first law of evolution is the ability to procreate. If no procreation occurs then no mutation occurs. If no mutation occurs no evolution occurs. There's no possible way that homosexuality could have evolved because it goes against all rules of evolution.

        • Bobby

          Please expound on these contradictions. Many people claim this but I have never seen one on my fifty years of reading the Bible. You clearly have no idea about separation of church and state. The original Congress held church in the Capitol building. Guess they did not understand that was unconstitutional.

      • JR

        Right on Max!