The U.S. 4th Circuit Court of Appeals is expected to issue an opinion any day now on Bostic vs. Rainey, the case challenging Virginia’s ban on same sex marriage. The case was argued May 13th and the three-judge panel has been deliberating ever since. Carl Tobias, Professor of Law at the University of Richmond says they are likely digesting the first appellate court decision out of the 10th circuit on June 25th which affirmed the invalidation on Colorado’s same sex marriage ban. He said some of the 4th circuit judges may recast their opinions in light of it. Regardless of the 4th circuit outcome, the issue will likely be resolved by the U.S. Supreme Court next year, should they decide to hear the case.
Virginia voters approved the same sex marriage ban in 2006 in a special referendum by 57 percent. Recent polls suggest that a majority now supports overturning the ban.