The U.S. Supreme Court won’t stop same-sex marriages from taking place in South Carolina following a decision against the state’s ban on gay nuptials.
A one-page order from the court on Thursday indicates the stay request from the state to block same-sex marriages and presented to U.S. Chief Justice John Roberts was referred to the entire court and denied. However, the order notes U.S. Associate Justices Antonin Scalia and Clarence Thomas would have granted the stay.
Same-sex couples started marrying on Wednesday in South Carolina after a ruling against the state marriage ban by U.S. District Judge Richard Mark Gergel. The judge included a stay as part of his ruling, but it’s set to expire Thursday at noon.
South Carolina Attorney General Alan Wilson, a Republican who filed the stay request, said in a statement he’ll continue to fight for the state’s marriage ban when the Supreme Court reviews the issue on the merits.
“Despite today’s refusal to grant our motion, the U.S. Supreme Court has not yet resolved conflicting rulings by federal appeals courts on the issue of same sex marriage,” Wilson said. “When the U.S. Supreme Court decides to consider the case, our office will be supporting the position of the Sixth Circuit Court of Appeals, which is more consistent with South Carolina State law, which upholds the unique status of traditional marriage.”