Gay Marriage Rulings Have Reduced Freedom, Virginia Clerk Says In SCOTUS Appeal

A Virginia clerk on Friday asked the Supreme Court to review an appeals court's ruling striking down Virginia's ban on gay marriage.

The request was filed by lawyers representing George E. Schaefer III, the circuit court clerk for Norfolk County, who is listed as a defendant in the case. Another request is expected to be filed by Michelle B. McQuigg, circuit court clerk for Prince William County.

On Wednesday, the Supreme Court granted McQuigg's request to put a hold on the order as an appeal is pursued.

Virginia Attorney General Mark Herring, a Democrat, has also asked the court to take the case, stating that he believes the court should uphold the lower court's decision.

In the new document, Schaefer's lawyers argue that only the Supreme Court “can bring order to this nationwide disarray, which will only worsen if the Court does not act immediately.”

Of the numerous federal decisions striking down similar state bans, the brief argues that they have “not expanded freedom; they have reduced it.”

Windsor – last year's Supreme Court ruling which knocked down federal legislation prohibiting the federal government from recognizing the legal marriages of gay and lesbian couples – had been subverted in these cases, the lawyers argued.

In supporting states' rights to allow gay couples to marry and have those marriages recognized by the federal government, Justice Anthony Kennedy wrote that states traditionally have held the “historic and essential authority to define the marital relation.”

It is then that concept on which the lawyers hang their arguments, saying that Virginia has decided otherwise and that Windsor upheld their right to do so.

“The flood of post-Windsor decisions invalidating traditional marriage laws represents a complete subversion of Windsor itself, which was premised on the idea that the citizens of the States have 'the historic and essential authority to define the marital relation,' including whether to recognize same-sex marriage,” the brief states.

Of course what's not really being said, is these people believe gay marriage limits their ability to openly discriminate...something they definitely aren't accustomed too...someone one saying *NO* 

I know everyone is just absolutely certain the Supreme Court is going to rule in our favor, but Justice Kennedy did lay the groundwork for the state sovereignty argument.

Just say'n, don't count them marriages until they make that call.