N

O

.

 

 _______ I

N

T

HE

 

Supreme Court of the United States

MICHÈLE

 

B.

 

MCQUIGG,

 IN HER OFFICIAL CAPACITY  AS

P

RINCE

W

ILLIAM

C

OUNTY

C

LERK OF

C

IRCUIT

C

OURT

,

 Petitioner

,

 

v. TIMOTHY 

 

B.

 

BOSTIC,

 ET AL

.,

Respondents

.

On Petition for a Writ of Certiorari to the United States Court of Appeals for the Fourth Circuit

 

PETITION

 

FOR

 

 A 

 

 WRIT

 

OF

 

CERTIORARI

D

 AVID

 A.

 

C

ORTMAN

 B

 YRON

J.

 

B

 ABIONE

 

Counsel of Record

 D

 AVID

 A

USTIN

R.

 

N

IMOCKS

 J

 AMES

 A.

 

C

 AMPBELL

 K 

ENNETH

J.

 

C

ONNELLY 

 K 

ELLIE

M.

 

F

IEDOREK 

 J.

 

C

 ALEB

D

 ALTON

  A

LLIANCE

D

EFENDING

F

REEDOM

 15100 North 90th Street Scottsdale, AZ 85260 (480) 444-0020 bbabione@alliance defendingfreedom.org

Counsel for Petitioner

 

i

QUESTIONS PRESENTED

Whether the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution forbid the Commonwealth of Virginia from defining marriage as the union of a man and a woman.

 

ii

PARTIES TO THE PROCEEDING

Petitioner Michèle B. McQuigg, in her official capacity as Prince William County Clerk of Circuit Court, was an intervenor-defendant in the district court and an appellant in the court of appeals. Respondents Timothy B. Bostic, Tony C. London, Carol Schall, and Mary Townley were the plaintiffs in the district court and appellees in the court of appeals. Respondents Joanne Harris, Jessica Duff, Christy Berghoff, and Victoria Kidd—class-action plaintiffs in

Harris v. Rainey

, No. 5:13cv00077 (W.D.  Va.)—were not parties in the district court, but intervened as appellees in the court of appeals. Respondent Janet M. Rainey, in her official capacity as State Registrar of Vital Records for the Commonwealth of Virginia, was a defendant in the district court and an appellant in the court of appeals. Respondent George E. Schaefer, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court, was a defendant in the district court and an appellant in the court of appeals. Other parties—Robert F. McDonnell, in his official capacity as Governor of Virginia, and Kenneth T. Cuccinelli, II, in his official capacity as  Attorney General of Virginia—were defendants in the district court, but the claims against them were