American Foundation for Equal Rights

U.S. Court of Appeals for the Fourth Circuit Grants AFER’s Proposed Expedited Schedule in Virginia’s Marriage Equality Case, Bostic v. Schaefer

PRESS CONTACTS:

Richmond, VA – On Monday, March 10, 2014, the U.S. Court of Appeals for the Fourth Circuit granted AFER’s proposed motion for an expedited briefing schedule in Virginia’s marriage equality case, Bostic v. Schaefer (formerly Bostic v. Rainey). On February 13, 2014, the Federal District Court for the Eastern District of Virginia ruled in Bostic v. Rainey that laws prohibiting gay and lesbian couples from marrying in the Commonwealth are unconstitutional as they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. AFER is the sole sponsor of the Bostic case, and the ruling is the first of its kind in the American South.

Defendants-Appellants’ opening briefs in Bostic v. Schaefer are due March 28th, and Plaintiffs-Appellees’ reply is due April 11th. Oral arguments have been tentatively scheduled for the week of May 12.

The Court also granted the plaintiffs in a parallel case, Harris v. Rainey, permission to intervene on the side of plaintiffs in Bostic v. Schaefer.

AFER Executive Director Adam Umhoefer issued the following statement:

“AFER is thrilled that the Fourth Circuit has granted its request to expedite the hearing schedule in our Plaintiffs’ marriage equality case. The Fourth Circuit clearly recognizes the importance of the Bostic case to thousands of gay and lesbian Virginians and their families, and AFER looks forward to presenting our arguments before the court in May. We welcome the Harris case as intervenors in support of our Plaintiffs’ case.”

AFER’s motion for an expedited briefing schedule was filed February 27, 2014, and was consented to by all parties. The identity of the panel hearing the case will not be disclosed until the morning of arguments.

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About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which a Federal District Court ruled unconstitutional all laws prohibiting gay and lesbian couples from marrying in the Virginia Commonwealth. To learn more, visit www.afer.org.