The U.S. Court of Appeals for the Fourth Circuit on Tuesday set a briefing schedule for the appeal testing the constitutionality of Virginia’s ban on same-sex marriage. The schedule will put that case slightly behind the timing for review of two states’ bans by the U.S. Court of Appeals for the Tenth Circuit.
The Virginia case is Bostic v. Schaefer (Circuit docket 14-1167), an appeal from a federal judge’s ruling earlier this month striking down the state’s ban. The opening brief is due April 7, followed by the brief in response on May 9, with the reply brief due fourteen days after the response is filed. No hearing date has been set yet.
Meanwhile, the Tenth Circuit is in the briefing period for appeals involving state bans in Utah and Oklahoma, with hearings on those two cases set for April 10 and 17.
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