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  1. #1
    Join Date
    Aug 2014
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    6

    Default Federal Court Decision Regarding Same-Sex Marriage

    My question involves civil rights in the State of: any

    I'm curious about the recent 4th US Circuit Court (VA, WV, NC, SC) ruling that the Virginia constitutional amendment banning Virginia from recognizing same sex marriages performed inside Virginia, and ones that are performed in other states in which they are legal, is unconstitutional and ordered Virginia to immediately recognize same sex marriages performed inside and outside the state. How does that affect county circuit court decisions in other states that refuse to recognize same sex marriages or opposite sex marriages from other states?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Federal Court Decision Regarding Same-Sex Marriage

    You're asking what impact a Fourth Circuit decision has on states that aren't in the Fourth Circuit? None, although a court will often look to the opinions of other circuits for guidance when analyzing an issue of first impression.

  3. #3
    Join Date
    Aug 2014
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    6

    Default Re: Federal Court Decision Regarding Same-Sex Marriage

    How about states in the same circuit?

  4. #4
    Join Date
    Sep 2010
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    19,901

    Default Re: Federal Court Decision Regarding Same-Sex Marriage

    It means that lower courts must follow that precedence when rendering decisions. Since it didn't order anything other than Virginia it wouldn't overturn any similar laws in the other states in the circuit, though it is clear what any subsequent suits would have to do and is a sign to legislators in those states about the Constitutionality of any law they would hope to pass. In fact, there are also pending cases in some of the other fourth circuit states, three in NC (Fisher-Borne v. Smith, Gerber and Berlin v. Cooper, General Synod of the UCC v. Cooper), one in SC (Bradacs v. Haley) and WV (McGee v. Cole).

    Of course, the ruling is currently stayed pending Supreme Court review so nothing is currently happening.

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