Moments ago, it was announced that Chief Justice John Roberts had granted a stay in the Bostic v Rainey case, in which the Fourth Circuit ruled in June that Virginia's gay marriage ban was unconstitutional.
WHAT THIS MEANS: As of now, there is no change to the status quo. Tomorrow will be exactly like today was as far as the law goes.
WHAT'S NEXT: The next step is for the Supreme Court to decide whether they will hear one or more of the pending Circuit Court rulings for gay marriage. They can accept all of them and group them together to do a broad ruling, accept one of them and do a broad ruling, or dismiss all of them, at which point gay marriages would be legal in the cases they dismiss. However, given that Ruth Bader Ginsburg has indicated that the Supreme Court intends to hear a same-sex marriage case sooner rather than later, it is my opinion that at least one of the cases will be heard by the full Supreme Court for a final, nationwide verdict on same-sex marriage.
WHAT HAPPENS IN THE IMMEDIATE TERM: If you are living in Virginia and are married in another state, you will continue to live as you already are living - sadly disenfranchised from enjoying the benefits that marriage provides for heterosexual couples at the state level. It is entirely unlikely that a case will be heard or dismissed this calendar year, so things like state taxes will continue to be filed as "single" for now.
On a personal note, I am incredibly heartbroken about this stay. I was so hoping that my husband and I could get this perfect gift of equality for our anniversary. However, we are keeping our chins up and continuing to move forward. The tides of progress are stronger than the barriers which keep rising up against us, and our moment - not my moment or my and my husband's moment but ALL LGBT couples in anti-equality states will eventually have their time to smile and confidently refer to their spouse as their fully, legally recognized mate.
We are still doing a party at Kalypso's tonight. If you are able to attend, Kalypso's at Lake Anne in Reston is where the party will be. We have wedding favors, cake, laughter, and love. Come out and toast the progress we've made so far, and cheer on the American Foundation for Equal Rights (AFER), particularly Ted Olson and David Boies, who are representing the Virginia couples as the case continues its march toward the Supreme Court. And come to celebrate me and my husband's third wedding anniversary - it may not be legally recognized in Virginia yet, but we all know it to be true in our hearts and inevitable for our laws.
xx Kyle
NOVA Pride's Vice President, Kyle Rohen, and his husband, Seth Koberg-Rohen
NOVA Pride is a coalition-building organization with a mission to educate, advocate, and celebrate the LGBTQ Community of Northern Virginia and our straight allies.
Northern VA Pride is a nonprofit charity recognized as tax-exempt by the IRS under Section 501(c)(3). Donations are tax-deductible under the fullest extent of the law. Northern VA Pride (NOVA Pride) is currently a DBA for Fairfax Pride, Inc.