Same-sex marriage in the Fourth Circuit
# Same-sex marriage in the Fourth Circuit

Part of the LGBT rights series :

Legal status of same-sex unions :

Marriage

Andorra

Argentina

Australia

Austria

Belgium

Brazil

Canada

Chile

Colombia

Costa Rica

Cuba

Denmark

Ecuador

Estonia*

Finland

France

Germany

Iceland

Ireland

Luxembourg

Malta

Mexico

$Netherlands^1$

New $Zealand^2$

Norway

Portugal

Slovenia

South Africa

Spain

Sweden

Switzerland

Taiwan

United $Kingdom^3$

United $States^4$

Uruguay :

Civil unions and registered partnerships

Bolivia

Croatia

Cyprus

Czech Republic

Greece

Hungary

Italy

Latvia

Liechtenstein

Monaco

Montenegro

Netherlands:

  • Aruba

San Marino

United Kingdom:

  • Bermuda

  • Cayman Islands :

Common-law marriage

$Israel^5$ :

Minimal recognition

$Bulgaria^6$

Cambodia:

  • 68 communes

$China^7$

$India:^8$

  • Chandigarh

  • Gujarat

  • Haryana

  • Kerala

  • Odisha

  • Punjab

  • Tamil Nadu

  • Uttarakhand

$Japan^9$

$Lithuania^6$

$Namibia^{10}$

$Netherlands:^2$

  • Curaçao

  • St Maarten

$Poland^6$

$Romania^{12}$

$Slovakia^6$ :

See also

Same-sex union legislation

Same-sex union court cases

Timeline of same-sex marriage

Recognition of same-sex unions in Africa

Recognition of same-sex unions in Asia

Recognition of same-sex unions in Europe

Recognition of same-sex unions in the Americas

Recognition of same-sex unions in Oceania

Marriage privatization

Divorce of same-sex couples

Domestic partnership

Military policy

Adoption

Listings by country

LGBT rights by country or territory :

Notes

Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.

Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

Neither performed nor recognized in six British Overseas Territories.

Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.

The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.

Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).

Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.

Some cities and prefectures issue partnership certificates, though not legally formalized.

Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights

Hospital visitation rights through a "legal representative" status

* Not yet in effect :

LGBT portal :

vte :

On July 28, 2014 the Fourth Circuit Court of Appeals upheld a ruling in Bostic v. Schaefer striking down Virginia's same-sex marriage ban which is a precedent for every state within the circuit. The ruling would have gone into effect on August 21, 2014 but the Supreme Court of the United States granted the stay request by the clerk of Prince William County. Attorneys for two same-sex couples had until August 18, 2014 to respond to the stay request. The Fourth Circuit consists of Maryland, North Carolina, South Carolina, Virginia, and West Virginia. Maryland was the first state in the circuit to enact gay marriage by legislative act and confirmed by a voter referendum. That occurred prior to the Fourth Circuit Court ruling that was denied review at the Supreme Court, which led to same-sex marriage expansion to Virginia, West Virginia, and North Carolina.

North Carolina Attorney General Roy Cooper announced soon after the ruling that he would no longer defend NC's ban on same-sex unions in court, saying "Our office believes the judges in North Carolina are bound by this 4th Circuit decision," he said. "In addition, the State of North Carolina will acknowledge the 4th Circuit opinion that marriage is a fundamental right."

On August 8, 2014, Virginia Attorney General Mark Herring asked the United States Supreme Court to review the Fourth Circuit's decision. Even though Herring supports marriage for same-sex couples, he asked for review because "[t]he question presented is vital to a large population of same-sex couples, to their children, and to their fellow Americans who believe that discriminating against gay people is both unfair and unconstitutional. They may fairly call this 'the defining civil rights issue of our time.'"

On October 6, 2014, the Supreme Court denied certiorari for the appeal, making the Fourth Circuit's decision final. Virginia promptly began solemnizing same-sex marriages.

On November 20, 2014, the Supreme Court declined to issue a stay on a lower District Court ruling overturning South Carolina's same-sex marriage ban, removing all legal obstacles to same-sex marriage in South Carolina.

Same-sex marriage is legal in every state within the circuit.

