Court Refuses to Stay Its Decision Striking Down Virginia’s Same-Sex Marriage Ban

The federal appeals court that last month struck down Virginia’s ban on same-sex unions refused Wednesday to delay the effects of its ruling. State officials said that unless the United States Supreme Court interceded, Virginia counties could begin issuing marriage licenses to gay couples next week.

The United States Court of Appeals for the Fourth Circuit, in Richmond, Va., voted 2-to-1 in July to uphold a Federal District Court’s ruling in February that Virginia’s ban, which voters approved in 2006, was invalid. In another 2-to-1 ruling announced Wednesday, the court said it would not stay its decision. The judges who voted to deny the stay, Henry F. Floyd and Roger L. Gregory, did not explain their reasoning.

The ban’s supporters quickly said they would appeal the Fourth Circuit’s decision on the stay to the Supreme Court, which has already received an appeal of the Richmond panel’s July opinion.

“The people of Virginia and every other state should continue to be free to preserve marriage as the union of one man and one woman in their laws if they choose to do so,” said Byron Babione, senior counsel for Alliance Defending Freedom, which represents a Prince William County court clerk who supports the ban.

Legal observers widely expect the Supreme Court to block enforcement of the decision to end the Virginia ban on same-sex marriage, as it did in Utah after courts declared that state’s marriage restrictions unconstitutional. Chief Justice John G. Roberts Jr., who oversees the Fourth Circuit, can render a decision alone or refer requests for action to the full court.

Many legal experts expect the Supreme Court to take up the issue of same-sex marriage in its next term, which begins in October.

If the Supreme Court does not issue a temporary stay, the Fourth Circuit’s ruling could upend bans on same-sex marriage in three other states in its jurisdiction: North Carolina, South Carolina and West Virginia. The circuit’s fifth state, Maryland, has recognized same-sex marriages for more than a year.

Unless the Supreme Court reverses the Fourth Circuit’s decision, the Virginia ban will dissolve on Aug. 20, allowing clerks across the commonwealth to begin issuing the marriage licenses.

Attorney General Mark R. Herring of Virginia, who opposes the ban but was among those seeking a stay of the Fourth Circuit’s July decision, appeared optimistic on Wednesday that same-sex unions would ultimately be allowed.

“No one anticipated we would be this close this quickly to the day when all Virginians have the right to marry the person they love,” said Mr. Herring, whose office has warned that removing the ban before the appellate process is complete could yield greater legal turmoil. “That will be a historic day for our commonwealth and a joyous day for thousands of loving couples.”