U.S. Court: Virginia marriage is for all lovers

Judges rule 2-1 that provisions barring gay marriage are unconstitutional
Associated Press
Jul 28, 2014

Virginia's same-sex marriage ban is unconstitutional, a federal appeals court ruled Monday in a decision that could overturn similar prohibitions in the Carolinas and West Virginia.

The 4th U.S. Circuit Court of Appeals in Richmond is the second federal appellate court to overturn gay marriage bans, after the Denver circuit, and is the first to affect the South, where states' rights have held particular sway for generations.

In Monday's 2-1 opinion, the judges ruled that Virginia's constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violate the U.S. Constitution. The defendants are likely to ask for the ruling to be stayed pending more appeals to the full 4th circuit and the U.S. Supreme Court; otherwise, marriage licenses to same-sex couples could begin to be issued in 21 days.

Virginians voted 57 percent to 43 percent in 2006 to amend their constitution to ban gay marriage. Virginia laws prohibit recognizing same-sex marriages performed in other states. Writing for the 2-1 majority, Judge Henry F. Floyd said Virginia's bans "impermissibly infringe on its citizens' fundamental right to marry."

"We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws," Floyd wrote, joined by Judge Roger L. Gregory. Judge Paul V. Niemeyer dissented.

Gay marriage proponents have won more than 20 legal decisions around the country since the U.S. Supreme Court struck down part of the federal Defense of Marriage Act last year. Most are still under appeal. More than 70 cases have been filed in all 31 states that prohibit same-sex marriage. Nineteen states and the District of Columbia allow such marriages.

Three more federal appeals of gay marriage rulings are coming up: The 6th Circuit in Cincinnati will hear arguments on Aug. 6 for Ohio, Michigan, Kentucky and Tennessee. The 7th Circuit in Chicago is set for arguments on Aug. 26 and the 9th Circuit in San Francisco for Sept. 8.

The many rulings give the U.S. Supreme Court plenty of options to take up gay marriage again in its next term, beginning in October.

The 4th Circuit decision also will apply to other states in the circuit when the decision becomes final in 21 days, providing that the court does not issue a stay at the request of the supporters of Virginia's gay marriage ban, said James Esseks, an attorney with the American Civil Liberties Union. Maryland, one of the states in the circuit, already allows same-sex marriages.

In February, U.S. District Judge Arenda Wright Allen ruled that Virginia's same-sex marriage ban violates the U.S. Constitution's equal protection and due process guarantees. Lawyers for two circuit court clerks whose duties include issuing marriage licenses appealed. Attorney General Mark Herring, representing a state official also named as a defendant, sided with the plaintiffs.

"Marriage is one of the most fundamental rights — if not the most fundamental right — of all Americans," plaintiffs' attorney David Boies said in a statement. "This court has affirmed that our plaintiffs — and all gay and lesbian Virginians — no longer have to live as second-class citizens who are harmed and demeaned every day."

Family Foundation of Virginia President Victoria Cobb, who had not fully read the entire ruling, said the court "ignored all the facts and evidence that the government's only interest in marriage is that kids, whenever possible, have a mom and a dad."

The Virginia lawsuit was filed by Timothy Bostic and Tony London of Norfolk, who were denied a marriage license, and Carol Schall and Mary Townley of Chesterfield County. The women were married in California and wanted their marriage recognized in Virginia, where they are raising a 16-year-old daughter.

Two other same-sex couples, Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester, filed a similar lawsuit in Harrisonburg and were allowed to intervene in the federal case.

 

Comments

Donegan

"In February, U.S. District Judge Arenda Wright Allen ruled that Virginia's same-sex marriage ban violates the U.S. Constitution's equal protection and due process guarantees"
They can recognize those rights for marriage but not for assassination? Due process does not exist in this country, You can thank Obama and his useful idiots for that.

The Big Dog's back

cuckoo.

Donegan

We all know you want your god to be able to kill citizens, Extremist often do. This is the US though not N Korea or any other third world trash heap you want to turn us into.

coasterfan

And the Troll of the Day Award goes to....(drum roll)...Donegan!

Donegan

Cannot answer for the bailouts huh? Typical for a libtard,Neither can your twins.

jazzbo

WWAJD ?

What would Alex Jones do ?

(Ask your mom for your comeback)

thinkagain

The true model of a family was taught by Our Savior Jesus Christ: “From the beginning of the creation, God made them male and female. For this cause a man shall leave his father and mother; and shall cleave to his wife.” (Mark 10:6-7).

Everyone already knows that homosexuality is a learned behavior, and as such, can be unlearned. It simply is a choice.

Homosexuality is a state that a person degenerates into. (Romans 1:18-32).

“Such were some of you; but you were washed, but you were sanctified, but you were justified in the name of the Lord Jesus Christ and in the Spirit of our God.”

Unlike those who pretend to care about homosexuals by accepting this perverted lifestyle, in spite of God’s clear teachings against it, true Christians who speak the truth about homosexuality, do so with the homosexual’s best interest at heart. Not only for in this life, but for the life to come.

stooge's picture
stooge

Why would anyone choose to be a target for discrimination, ignorant bigotry perpetrated by judgmental religious nuts, and violence? Sexual preference is in our DNA. I remember being aware of homosexual classmates as early as the seventh grade, and I have gay friends who knew they were gay much younger. Do you really think at that age any child would choose to be bullied and alienated? You know nothing about what God really is, bigot. :)

ladydye_5

YOUR savior...I do not need saved from anything, other than you and your ranting. You can not have a conversation with anyone with out your book and a well picked quote. Go thump your bible and leave everyone else alone. Why do you care what they are doing in their bedroom? Jealous?

The Big Dog's back

It must be tough fighting off those gay tendencies never thinks, but the truth will set you free.

The Answer Person

There is no after life. The one you are living now is it. Sad you are unable to enjoy it because of judgementalism and brainwashing.

holysee

LA LA LA LA LIVE FOR TODAY
BECAUSE TOMORROW MIGHT NOT COME HEY HEY HEY HEY

coasterfan

Every homosexual was born of heterosexual parents, thus heterosexuals are directly responsible for bringing 100% of gays into the world.
(Coasterfan 1:4-6)

God created gays, since the Bible says that God created everything. So, God is 100% responsible for gays. We can also assume that God wants gays to exist, otherwise, he wouldn't have created them.
(Coasterfan 1:7-10)

The Bible was written almost 2000 years ago by people who had literally NO scientific understanding of anything. We should not look to them or their book for truth on things they clearly didn't understand. (Coasterfan 1:11-13)

Homosexuality is not a learned behavior, as backed up by decades of scientific research. Stupidity and/or an unwillingness to acknowledge scientific fact, however, IS a learned behavior (Coasterfan 1:14-16)

I would much rather spend my time with my straight or gay friends who are accepting of others, than to spend my time with a hater like ThinkAgain. Why is it that supposed Christians like ThinkAgain often act the least Christian-like? (Coasterfan 1:17-19)

worddrow811

amen and right on coasterfan!

Contango

Re: "(Coasterfan 1:4-6),"

You place yourself as an authoritative source? Reads psychotic.

jazzbo

" You place yourself as an authoritative source? Reads psychotic."

--- YOU do that ALL the time about EVERYTHING.

Contango

Re: "We should not look to them or their book for truth on things they clearly didn't understand."

What is it that you 'think' that you understand "clearly"?

Conversely, what are the "truth on things" that they did understand?

jazzbo

One of your big problems , thinkagain , is that YOU think that homosexuality is the ONLY damnable sin there is.

Contango

10th Amend. states' rights issue.

If Utah wants to legalize polygamy - let 'em.

The Big Dog's back

off-topic blather.

Contango

Re: "off-topic blather."

Is 13 your age or your IQ?