The 4th Circuit Court of Appeals on Tuesday denied South Carolina’s request for a stay of a district court ruling striking down the state’s marriage equality ban.
Last Wednesday, U.S. District Judge Richard Gergel ruled against the ban on the grounds that it violated the Constitution’s guarantee of equal protection under the law. South Carolina Attorney General Alan Wilson asked the appeals court to stay Gergel’s ruling, vowing to defend the state’s ban.
In response to the 4th Circuit’s decision not to grant the stay, Wilson said he would ask the Supreme Court to halt same-sex marriages in the state.
“This issue has not yet been resolved nationally. It is still likely the U.S. Supreme Court will address conflicting rulings between federal circuit courts of appeal. Therefore, today’s ruling by the Fourth Circuit does not end the constitutional obligation of this Office to defend South Carolina law,” he said. “We continue to believe the doctrine of federalism and the Tenth Amendment should allow South Carolina’s unique laws to be considered at the highest appropriate court of appeal. We will be seeking an application to the U.S. Supreme Court for a stay shortly.”
