CHARLESTON (AP) — Attorney General Patrick Morrisey has asked a judge to postpone ruling on a federal lawsuit challenging West Virginia’s same-sex marriage ban until the U.S. Supreme Court reviews a ruling in a similar case in Virginia.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, struck down Virginia’s same-sex marriage ban on Monday.
A filing by Morrisey’s office Tuesday says the West Virginia case is unique in that unlike the Virginia case, no state officials in West Virginia were named as defendants.
The Charleston Gazette reports Morrisey asked U.S. District Judge Robert C. Chambers in Huntington to schedule arguments over whether three same-sex couples in West Virginia should have sued state officials, rather than county clerks in Kanawha and Cabell counties.