FOURTH CIRCUIT DECIDES BOSTIC V. RAINEY

[Posted July 28, 2014] The Fourth Circuit has affirmed the district court’s ruling in Bostic v. Rainey, the challenge to Virginia’s prohibition of same-sex marriages. This ruling strikes down Virginia’s constitutional and statutory ban of such marriages. Here is a link to the slip opinion, which I’m reading now; I may add some comments after I finish. The decision is 2-1, with Judge Niemeyer dissenting from the majority, which was written by Judge Floyd, joined by Judge Gregory.

In answer to your question, the answer is yes: This case will indeed be appealed across the Potomac.

UPDATE October 6 — The justices have refused a petition for certiorari in the case, so the judgment in favor of the statute’s challengers is now final.