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Virginia

Second county clerk files notice of appeal in Va. same-sex marriage case

Wednesday, February 26, 2014

NORFOLK, Va. — A second clerk plans to appeal a federal judge’s ruling that declares Virginia’s ban on same-sex marriages unconstitutional, according to a notice filed in federal court Tuesday.

The Prince William County Circuit Court clerk in Northern Virginia filed the notice to appeal in Norfolk one day after U.S. District Judge Arenda Wright Allen issued a final judgment in the case.

Prince William County Circuit Court Clerk Michele McQuigg.

Prince William County Circuit Court Clerk Michele McQuigg.

Wright Allen’s ruling earlier this month found that the state’s voter-approved ban on gay marriage violates the due process and equal protection clauses of the 14th Amendment. Wright Allen stayed her decision, which means no marriages can take place until the issue is ultimately resolved by the Richmond-based Fourth Circuit Court of Appeals.

If the appeals court upholds Wright Allen’s decision, it could also stay its order until a decision is made by the Supreme Court.

The Norfolk Circuit Court clerk also is appealing Wright Allen’s decision. The Norfolk clerk was the original defendant in the case after a gay Norfolk couple, Timothy Bostic and Tony London, had their request for a marriage license denied.

Later, a Chesterfield County couple, Carol Schall and Mary Townley, joined the case. The couple married in California in 2008. They have a teenage daughter and want Virginia to recognize their marriage.

Prince William County Circuit Court Clerk Michele McQuigg asked in December to intervene in the case as a defendant because the outcome affects clerks throughout the state.

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McQuigg also expressed fears that the Virginia Attorney General’s Office would not adequately defend the law and that the Norfolk Circuit Court clerk “would not as zealously and comprehensively defend Virginia’s marriage laws as I would to protect my interests as the Prince William County Circuit Court Clerk.”

McQuigg is represented by attorneys from Alliance Defending Freedom, a conservative Christian organization.

Their legal argument has focused largely on the idea that children are best raised by opposite-sex parents.

The Virginia Attorney General’s Office also has filed a notice of appeal, although it is not defending the law. Office spokesman Michael Kelly says the notice was filed to speed up the appeals process.

Follow the case: Bostic v. Rainey.

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41 more reader comments:

  1. What part of “unconstitutional” do these hillbillies not understand?

    Posted on Wednesday, February 26, 2014 at 4:21pm
  2. The "UN" part I would imagine.

    Replied on Wednesday, February 26, 2014 at 8:34pm
  3. The part that gets me the most: children are best raised by opposite sex parents. You know how children don’t have parents thanks to anti abortion anti birth control idiots? And what about single parents? I know many single parents that are better than 2 parents. These people are reaching for straws. Itll all end soon

    Posted on Wednesday, February 26, 2014 at 4:23pm
  4. ‘alliance defending freedom’? defending the freedom of what? to be a bigot?

    Posted on Wednesday, February 26, 2014 at 4:25pm
  5. Racist Bigot Nazi Christian !!! Curse her !!!

    Posted on Wednesday, February 26, 2014 at 4:26pm
  6. you said it: Nazi Christian... that is all they are now.

    Replied on Wednesday, February 26, 2014 at 5:06pm
  7. If she can’t do her job as county clerk perhaps she could work as a Walmart Greeter instead

    Posted on Wednesday, February 26, 2014 at 4:27pm
  8. A waste of a lot of money

    Posted on Wednesday, February 26, 2014 at 4:28pm
  9. Stop wasting the Tax payers money defending this ban, it’s over you lost get over it!

    Posted on Wednesday, February 26, 2014 at 4:29pm
  10. What happened to simply doing the job you’re getting paid for?…keep your religious ideas to yourself and do your DAMN job…

    Posted on Wednesday, February 26, 2014 at 4:30pm
  11. Bigoted whore.

    Posted on Wednesday, February 26, 2014 at 4:30pm
  12. She needs to shove that bible where the sun doesn’t shine. Get over it we don’t live in the 40′s anymore and where this type of crap took place. Dumb b********

    Posted on Wednesday, February 26, 2014 at 4:33pm
  13. Assholes. Plan and simple.

    Posted on Wednesday, February 26, 2014 at 4:35pm
  14. The arrogance and entitlement….

    Posted on Wednesday, February 26, 2014 at 4:39pm
  15. Her argument is very thin, since she was brought up by heterosexual parents (presumably), and look what a bigot they raised. So sad.

    Posted on Wednesday, February 26, 2014 at 4:47pm
  16. nazi douche bag

    Posted on Wednesday, February 26, 2014 at 4:48pm
  17. its not just hillbillies – it is stubborn people who refuse to accept others as they are.

    Posted on Wednesday, February 26, 2014 at 4:49pm
  18. If she has a problem with it, she needs to resign and find another job.

    Posted on Wednesday, February 26, 2014 at 4:52pm
  19. crazy people,,trying to hold gays hostage again..

    Posted on Wednesday, February 26, 2014 at 4:53pm
  20. 1 rotten apple

    Posted on Wednesday, February 26, 2014 at 4:57pm
  21. look closely at the picture – just the eyes, just the mouth, just the wrinkles, the cheeks, – she posed with a smile, but the individual parts show fear, anger, stubbornness. There’s very little happy in that face. If she wasn’t such a foolish, hateful bigot, I’d feel sad for her. But I don’t.

    Posted on Wednesday, February 26, 2014 at 5:00pm
  22. Get her fired.

    Posted on Wednesday, February 26, 2014 at 5:03pm
  23. so this is defending the fact that you think children do better with opposite parents?? You people are not only stupid, you’re hateful. there is no proof to support your beliefs.. there are many children of gay parents who could show you just how stupid you are!!

    Posted on Wednesday, February 26, 2014 at 5:08pm
  24. Stupid raicest bitch quit your job then, and go to work in retail

    Posted on Wednesday, February 26, 2014 at 5:22pm
  25. ban the hate not the people you choose to hate

    Posted on Wednesday, February 26, 2014 at 5:25pm
  26. Go to Arizona there are plenty of assholes there that will welcome your bigoted ignorance !

    Posted on Wednesday, February 26, 2014 at 5:56pm
  27. She needs to do her job; otherwise someone else needs to. If she is unhappy with the decision, go work at McDonalds. Otherwise, shut up and do your job, lady!

    Posted on Wednesday, February 26, 2014 at 6:00pm
  28. for every step forward we take its like 5 steps back i’m sock of this fucking dance is any one else

    Posted on Wednesday, February 26, 2014 at 6:23pm
  29. Fucking white, religious pig!!!

    Posted on Wednesday, February 26, 2014 at 6:27pm
  30. Virginia is for haters…..

    Posted on Wednesday, February 26, 2014 at 6:39pm
  31. Well bless her heart.

    Posted on Wednesday, February 26, 2014 at 6:40pm
  32. Old prude needs to wake up and shut up

    Posted on Wednesday, February 26, 2014 at 6:55pm
  33. stupid

    Posted on Wednesday, February 26, 2014 at 6:57pm
  34. Extermintate these idiots! Another prime example in this woman why abortion should remain legal!

    Posted on Wednesday, February 26, 2014 at 7:31pm
  35. Well it will be time to vote them out of office and that is exactly what needs to be done get them out of the way so there can be progress.

    Posted on Wednesday, February 26, 2014 at 7:34pm
  36. Her argument is weak, but so be it……. After appeal, off to the Supreme Court!

    Posted on Wednesday, February 26, 2014 at 7:50pm
  37. Well the church I grew up in did not believe in women wearing makeup – I wonder if she would appreciate being denied service for wearing lipstick like a Jezebel?

    Posted on Wednesday, February 26, 2014 at 8:12pm
  38. all I can see is keep your religious/moral beliefs to yourselves and out of our bedrooms. if the courts have determined the ban is unconstitutional then leave it alone.

    Posted on Wednesday, February 26, 2014 at 8:24pm
  39. Lady, and I use the term very loosely, STFU and obey your constitution. Keep your religious opinions to your self and do the will of the people.

    Posted on Wednesday, February 26, 2014 at 8:34pm
  40. If she does not want to honor the rules she should resign.

    Posted on Wednesday, February 26, 2014 at 8:51pm
  41. Fire her and when she screams discrimination just tell we thought you were ok with that.

    Posted on Wednesday, February 26, 2014 at 8:52pm