In a statement issued today, West Virgina’s Attorney General Patrick Morrisey announced he would no longer be defending the state’s ban on gay marriage in court, writing:

On Oct. 6, 2014, the U.S. Supreme Court decided it would not take up the decision by the U.S. Court of Appeals for the Fourth Circuit to set aside Virginia’s law regarding same-sex marriage. By refusing to consider the appeal, the Supreme Court has caused the Appeals Court’s decision to become final and binding on West Virginia. While we disagree with the Supreme Court’s decision to allow the Fourth Circuit’s opinion to stand and believe it improperly displaces state and local decision-making, we will respect it.

As the state’s Attorney General, it is my duty to defend state laws that have been passed by the state Legislature and are consistent with the Constitution. We have discharged this duty faithfully. In the upcoming days, we will now seek to bring to a close the pending litigation over West Virginia’s marriage laws, consistent with the Fourth Circuit’s now-binding decision.

Governor Earl Ray Tomblin has also issued a statement responding to the AG’s announcement:

As the attorney general stated today, recent rulings by several federal courts, combined with the refusal of the U.S. Supreme Court to hear this issue, make it clear that laws banning same-sex marriage have been declared unconstitutional. I do not plan to take any actions that would seek to overturn the courts’ decisions. West Virginia will uphold the law according to these rulings, and I have directed state agencies to take appropriate action to make that possible.

Our state is known for its kindness and hospitality to residents and visitors alike. I encourage all West Virginians—regardless of their personal beliefs—to uphold our statewide tradition of treating one another with dignity and respect.

Developing…

The New Orleans-based Fifth Circuit Court of Appeals has agreed to Cleopatra DeLeon and Nicole Dimetman’s request expedite oral arguments in their case challenging Texas’ ban on same-sex marriage, The San Antonio Express-News reports:

Dimetman is pregnant with the couple’s second child due next year, and under current law, only she would immediately be recognized as the child’s legal parent. When DeLeon bore the couple’s first child, now 2, Dimetman formally adopted the baby to ensure both women would have parental rights. The process was expensive, burdensome and filled with uncertainty, they said earlier this week, and one they hope to avoid with a 5th Circuit win before their child is due on March 15.

“That process takes time. and of course they would do the same here if necessary,” said Barry Chasnoff, one of the attorneys for the two couples. “The concern is if something were to happen to Nicole after the baby is born, but before an adoption, then Cleo would not have parental rights.” […]

The 5th Circuit agreed to have the same three-judge panel hear Texas and Louisiana’s pending gay marriage cases on the same day. Chasnoff said it’s hard to determine when oral arguments might take place, but hopes the date is set for “the next month or two.” The court is seen as one of the most conservative in the country.

The Austin American Statesman adds Texas AG Greg Abbott has until Friday to submit the final brief in the case.