Virginia AG Filing Causes Flurry of Activity in Bostic v. Rainey

In addition to a flurry of condemnation from Virginia Christofascists and their puppets in the Republican Party of Virginia, Virginia Attorney General Mark Herring's decision to cease defending Virginia's gay marriage bans has also caused a flurry of filings in the federal court lawsuit, Bostic v. Rainey, pending in the U.S. District Court for the Eastern District of Virginia.  Among the filings were motions to intervene by Liberty Counsel, including the vehemently homophobic Matt Staver (The Family Foundation,an extremely anti-gay "family values" organization had previously sought to intervene in the case and file an amicus brief).  In addition, per the Case website on Pacer, an Order has been entered by Judge Wright Allen asking for status reports and additional briefing.  Here is the content of the Court's Order:

ORDER taking under advisement  Plaintiffs' Motion for Summary Judgment. All pending motions for summary judgment are taken under advisement.

In light of the compelling Notice from the Office of the Attorney General of Virginia indicating that the Attorney General has concluded that Virginia's laws denying the right to marry to same-sex couples violate the Fourteenth Amendment to the United States Constitution, counsel for the parties and the Intervenor are ordered to file Status Reports addressing:

(1) whether oral argument on the issues presented remains warranted, or whether the Court should instead rule promptly on the briefs without a hearing;

(2) if oral argument is desired by a party or Intervenor, the requested scope and duration of that party's argument (with the understanding that duplicative or cumulative arguments are strongly discouraged); and

(3) whether, in light of the change of position by the Attorney General, any parties or other entities have grounds to present argument that the laws denying the right to marry to same-sex couples should be construed as constitutional.

Additionally, the Intervenor and Defendant Schaefer, III, are ordered to each file supplemental briefing not to exceed five pages responding to the Virginia Attorney General's position that the laws at issue are unconstitutional.

The Status Reports from the parties and the Intervenor are ordered to be filed no later than 3 PM Friday, January 24, 2014. The Court will determine whether the hearing scheduled for January 30, 2014 should be held and, if so, its scope and duration, upon receipt of these Reports.

The supplemental briefing by the Intervenor and Defendant Schaefer, III shall be filed no later than noon on January 27, 2014. Signed by District Judge Arenda L. Wright Allen on 01/23/2014. (Allen, Arenda) (Entered: 01/23/2014)

The indication that the Motions for Summary Judgment are being taken under advisement suggests that even if the hearings set for January 30, 20124 goes forward, it may be some time before we know how the Court will rule.