South Carolina Attorney General Alan Wilson on Tuesday evening asked Chief Justice John Roberts to stop same-sex couples from being able to marry in the state beginning Thursday. Wilson is seeking a stay during his appeal of a trial court ruling from last week that the state’s ban on same-sex couples’ marriages is unconstitutional.
The application, which Roberts can decide on his own or refer to the full court for resolution, was filed just hours after the 4th Circuit Court of Appeals denied a similar request.
The trial court judge put his Nov. 12 ruling on hold until noon Thursday, Nov. 20, and the state had asked the 4th Circuit and now the Supreme Court to keep that ruling on hold during its appeal.
Since the justices turned down five states’ requests on Oct. 6 to take a marriage case appeal — including a decision from the 4th Circuit striking down Virginia’s marriage ban — the justices have, on three occasions, turned down requests to issue stays of lower court rulings during appeals. This includes one, in Kansas, since the 6th Circuit Court of Appeals upheld four other states’ bans.
Now, however, with requests in from the plaintiffs in those four states’ cases asking the Supreme Court to take one or more of the appeals and resolve the question, Wilson is hoping that he can get a stay issued from the court to stop the trial court ruling from going into effect Thursday.
For Pete's sake. Wilson can continue to bang his head against a brick wall. However why does he continue to use taxpayer money to do it? He has lost the battle and would be better served to not act like Pickett during the Battle of Gettysburg.