Virginia Clerk Files Notice of Appeal of Same Sex Marriage Ruling
Norfolk, Virginia (PRWEB) February 25, 2014 -- After careful study of Judge Allen’s opinion in the landmark case of Bostic v. Rainey and consulting with my counsel, I have decided to appeal this decision in my official capacity as the Norfolk Circuit Court Clerk.
A prompt and fair resolution of this very important issue by the courts is critical. According to my counsel, if I failed to note an appeal, it is likely, and as I understand it probable, the appeal process would be delayed, a result beneficial to no one.
My personal beliefs on same-sex marriage are not at issue in this case. In continuing to defend Virginia’s marriage laws on appeal in my official capacity, I can obtain clarity for all of Virginia’s Circuit Court Clerks. By noting my appeal and instructing my attorneys to continue their vigorous defense of Virginia’s marriage laws, the appeal process will provide a definitive answer for all Virginians.
Judge Allen has given both sides a fair hearing and written an important opinion. I believe she articulated well the views of those in our Commonwealth who believe in marriage equality. There are, of course, other citizens who hold differing views. The will of the people as expressed in a constitutional amendment and statutes enacted by our legislature are to be given great weight. Indeed, my defense has been premised thus far on this principle. I believe this issue should and will be resolved by the appellate courts. I am appreciative the Judge has stayed the effect of her own decision while the appeal process continues.
I did not initiate this lawsuit, and I have maintained from its inception that, regardless of my personal beliefs on the subject of same-sex marriage, I have been compelled by the laws and Constitution of Virginia to deny Plaintiffs’ request for a marriage license at this time. Through their lawsuit, the Plaintiffs are questioning the constitutionality of these laws. Judge Allen’s decision is the first step in receiving final clarification from the courts on the constitutionality of Virginia’s definition of marriage.
In the meantime, my office will continue to provide the same level of high-quality service to the community in accordance with law.
GEORGE E. SCHAEFER, III, CLERK
By POOLE MAHONEY PC
http://www.poolemahoney.com
Special Counsel for George E. Schaefer, III, Clerk
Contact: Jeffrey Brooke, Esq. / [email protected]
David Oakley, Esq. / [email protected]
Poole Mahoney PC
David B. Oakley, Esq., Poole Mahoney PC, http://www.poolemahoney.com, +1 (757) 962-6625, [email protected]
Share this article