Attorneys from Akin Gump who represented plaintiffs in the Texas marriage equality case have asked the 5th Circuit Court of Appeals to lift its stay and allow marriage equality to come to Texas.
Should the court lift the stay, Texas could appeal to the U.S. Supreme Court. However, the high court has not stayed any decisions since last spring. In October, the Supreme Court refused to hear appeals, leading to marriage equality in more than a dozen states. In January, the court refused to extend the stay Florida’s marriage equality ruling and this week, SCOTUS refused to extend stays on marriage equality rulings in Alabama.
“Vic and I hope and pray that the 5th Circuit will lift the stay as requested,” plaintiff Mark Phariss of Plano wrote on his Facebook page. “No straight couple would want to walk in our shoes — to have to wait over 17 years to marry the one we love. We shouldn’t have to wait any longer.”
According to SMU law Professor William Bridge, should the 5th Circuit not lift its stay, the plaintiffs could then appeal to Justice Antonin Scalia who covers the 5th Circuit. Scalia could either rule or refer the question of lifting the stay to the full U.S. Supreme Court.