South Carolina on Tuesday asked a
federal appeals court to put a case challenging the state's ban on
gay marriage on hold pending review of a similar case by the Supreme
Court.
Gay and lesbian couples began marrying
in South Carolina last month after a federal judge declared the
state's ban unconstitutional. The Fourth Circuit Court of Appeals
and the Supreme Court denied state requests to put the ruling on hold
as an appeal is pursued.
South Carolina Attorney General Alan
Wilson on Tuesday asked the Fourth Circuit to put the case on hold
until the Supreme Court decides whether to review a similar challenge
to Michigan's ban.
The Cincinnati, Ohio-based Sixth Court
of Appeals upheld Michigan's ban, along with similar bans from Ohio,
Kentucky and Tennessee.
Michigan's case is the only one out of
the four which received a full trial, making it the frontrunner for
Supreme Court review. Plaintiffs in a case challenging Louisiana's
ban have also asked the justices for review.
“If the Supreme court grants the
DeBoer petitions, that Court may reach a decision applicable
nationally regarding the constitutionality of same-sex marriage
bans,” Wilson
wrote in his filing. “[T]he Attorney General respectfully
requests that this Court stay or continue the appeal in this case,
including briefing, until such time as the Supreme court makes a
final decision regarding the DeBoer petitions and any petition
in the instant case.”
If the court decides to proceed with
the case, Wilson asked for a full court review, skipping the
customary 3-judge panel.
(Brief provided by Equality
Case Files.)