UPDATE 3 PM: The office of Attorney General Mark Herring has received clarification that the appeals court ruling goes into effect on Thursday, August 21st at 8 AM. Barring a change from the Supreme Court, that is when clerk's could begin issuing marriage licenses to same-sex couples in Virginia.
NORFOLK- The challenge to a Virginia constitutional amendment that banned same-sex marriage began with Norfolk Clerk of the Courts George Shaefer. His office rejected a marriage license for Tony London and Tim Bostic, citing the state law banning same-sex marriages.
Wednesday, the 4th Circuit Court of Appeals in Richmond rejected a motion that would have delayed implementation of their ruling tossing out Virginia's ban on same-sex marriage. That ruling clears the way for gay marriage in Virginia to begin on August 21st unless the U.S. Supreme Court jumps into the fray.
"You never know what could happen, but I can’t believe the Supreme Court would not put gay marriage on hold until they hear the case. Otherwise, you might have the result of thousands of gay couples getting married in VA beginning next week only to have their marriages put in limbo by a Supreme Court ruling upholding the same sex marriage ban next year.", Shaefer told 13News Now in a statement.
For now, same-sex couple may not even apply for licenses in Virginia. Wednesday would be the first time they can apply if the Supreme Court does not act.
Portsmouth Clerk Cynthia Morrison says they are "not issuing licenses until all legal rulings are complete."
Virginia Beach Clerk Tina Sinnen also says nothing will change until Wednesday.
On Wednesday, the an attorney for Tim Bostic told 13News Now that his clients would not apply for a marriage license until the court issues are worked out.