Judge Arenda L. Wright Allen of the U.S. District Court for the Eastern District of Virginia in Norfolk, Va., is expected to hear the case sometime next month.
Timothy Bostic and Tony London of Norfolk and Carol Schall and Mary Townley of Richmond last year filed a lawsuit against a state constitutional amendment that defines marriage as between a man and a woman.
Attorney General Mark Herring last week announced he would not defend the marriage amendment—he was to have attended the Jan. 30 before a snowstorm that blanketed the Hampton Roads area with nearly a foot of snow prompted the court to postpone it.
The Alliance Defending Freedom last October filed an amicus brief on behalf of professors from Brigham Young University, the Columbus School of Law at Catholic University in D.C. and the Regent University School of Law in Virginia Beach, Va., who support the marriage amendment. The Family Foundation of Virginia has also filed an amicus brief in the case.
The Alliance Defending Freedom is also defending Prince William County Circuit Court Clerk Michèle McQuigg, who is a defendant in the Bostic case.