On August 13th the 4th Circuit denied a request to stay its ruling that found Virginia’s Marriage Amendment unconstitutional.  Yesterday lawyers from Alliance Defending Freedom, who are representing a county clerk in Virginia, filed an emergency stay application at the U.S. Supreme Court seeking to prevent that ruling from going into effect.

U.S. Chief Justice John Roberts, who has the responsibility of handling emergency applications from the Richmond-based appeals court, can either act on the application himself or refer the matter to the Supreme Court as a whole.

Yesterday Roberts set a deadline of Monday at 5 PM EDT for attorneys representing two same-sex couples to respond to the request for a stay of the 4th Circuit ruling.

The Court has twice granted delays in similar cases.

North Carolina falls under the 4th Circuit jurisdiction.