Skip to main content

Stay sought in ruling on Va. gay-marriage ban

STEVE SZKOTAK
Associated Press

RICHMOND, Va. (AP) — A county court clerk in northern Virginia on Friday sought to delay a federal appeals court ruling striking down the state’s same-sex marriage ban.

Attorneys for Michelle B. McQuigg, clerk of Prince William County’s Circuit Court, asked for the delay while the decision was appealed to the Supreme Court. They argued the delay would “ensure the orderly resolution of the important constitutional question presented in this case while avoiding uncertainty for the public and irreparable injury to the commonwealth.”

The American Civil Liberties Union of Virginia and Lambda Legal, in a filing Friday, opposed the stay.

A panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled 2-1 Monday that Virginia’s gay marriage ban approved by voters in 2006 is unconstitutional. It typically grants stays while cases are appealed to the Supreme Court.

Without a stay, marriage licenses for Virginia same-sex couples could be issued 21 days after the ruling.

A statement from the Alliance Defending Freedom, which is representing McQuigg, said the amendment was passed by a majority of Virginians affirming “marriage as a man-woman union.”

“The people of Virginia and every other state are free to preserve that understanding of marriage in their laws,” the statement continued.

They could have asked the full 4th Circuit to review the case. Instead they said they would appeal to the Supreme Court to avoid “legal uncertainty and confusion” that has occurred in other states that have had conflicting rulings on gay marriage.

“In short,” they wrote, “staying the mandate will allow the orderly and dignified resolution of this important constitutional question not only in Virginia, but throughout the entire circuit.”

In Colorado, for instance, the state’s gay marriage ban is still the law although recent rulings in federal and state court have found it to be unconstitutional. Those rulings have been put on hold during appeals.

In a statement, the American Foundation for Equal Rights, which argued against Virginia’s gay marriage ban, said every court that has heard the issue has agreed: “There is no good reason to deny gay and lesbian Virginians and Americans the freedom to marry.”

“Opponents of equality may try to continue the fight, but they will fail,” the foundation’s executive director, Adam Umhoefer, said in a statement.

The 4th Circuit was the second federal appellate court to overturn gay marriage bans and is the first to affect the South, which is more culturally conservative than other regions of the U.S.

Attorney General Mark Herring had refused to defend that state ban when he took office in January and sided with opponents in seeking its end.

“Attorney General Herring believes the district and appeals courts ruled correctly, but he has said throughout this process that a stay is an appropriate and orderly way to proceed while appeals are pending in case a decision ultimately goes against marriage equality,” spokesman Michael Kelly wrote in an email.

The 4th Circuit ruling applied to West Virginia, Maryland, and the Carolinas, where the attorneys general split on what they’ll do next.

Gay marriage proponents have won more than 20 legal decisions around the country since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year. Most are still under appeal. More than 70 cases have been filed in all 31 states that prohibit same-sex marriage. Nineteen states and the District of Columbia allow such marriages.

The U.S. Supreme Court could have at least five appellate decisions to consider if it takes up gay marriage again in its next term, beginning in October.

Besides the confusion of ending a gay marriage ban, attorneys for McQuigg said there were practical reasons for a delay.

“In addition, public officials throughout the Commonwealth would have to revise forms, policies and rules to accommodate the district court’s injunction, but may have to revise them back if the Supreme Court grants a stay or ultimately upholds the Commonwealth’s man-woman marriage laws,” attorneys wrote.

___

Steve Szkotak can be reached on Twitter at https://twitter.com/sszkotakap.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
Read Next Story