Skip to comments.Judge rules Virginia’s ban on same-sex marriage unconstitutional
Posted on 02/13/2014 8:14:49 PM PST by cutofyourjib
NORFOLK, Va. (WTVR) A federal judge declared late Thursday night that Virginias ban on same-sex marriage is unconstitutional, confirmed Michael Kelly, Director of Communications for Attorney General Mark Herring.
The update was first made on Herrings Facebook page and his Twitter account.
MT @AGMarkHerring: *ALERT* Federal judge declares state's same-sex marriage ban unconstitutional. Issues stay pending appeal. Mark Herring (@MarkHerringVA) February 14, 2014
Equality in Virginia took a big step forward tonight as a federal district judge declared Virginias ban on same-sex marriage to be unconstitutional, Herring wrote.
The judge issued a stay with her injunction pending appeal, meaning marriage licenses will not yet be issued to same-sex couples, but today is a great day for those who want to see all Virginians treated equally regardless of who they love.
That ruling can be read in full here: http://legaltimes.typepad.com/files/edva-ssm-opinion.pdf
A lawsuit challenging the commonwealths ban on same-sex marriage went before U.S. District Judge Arenda L. Wright Allen on February 4, in Norfolk.
The case of Bostic vs. Rainey argued that the Virginia Marriage Amendment, passed in 2006 by 57 percent of voters, is unconstitutional.
Tim Bostic and Tony London are the Norfolk couple who applied for a marriage license last year and were denied.
Since then they have gain the support of Virginias top brass behind them. State Attorney General Mark Herring and Governor Terry McAuliffe, both Democrats, have said they wont defend the states constitutional ban.
Herrings office issued a statement a couple of weeks ago saying they hope it will be a landmark ruling in Virginia on one of the most important civil rights issues of our time.
An excerpt from the judges conclusion reads:
The Court is compelled to conclude that Virginias Marriage Laws unconstitutionally deny Virginias gay and lesbian citizens the fundamental freedom to choose to marry.
Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this countrys cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.
Organizations that have worked towards marriage equality in the Commonwealth for years, like Equality Virginia, said that the ruling is historic.
The ruling finally puts Virginia on the path toward allowing lesbian and gay couples to marry the person they love here in the place they call home, James Parish, executive director for Equality Virginia said.
. . . . . . . . . . . .
57% voted to amend the Constitution of Virginia in 2006.
"That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. ..."
The elected officials do not want to comply.
then don’t comply
No thanks to all who did not vote in 2012. Obama can keep appointing more liberal judges in his 2nd term. Elections have consequences. No point is grumbling if you did not help defeat Obama.
Marriage was ruled an implied Constitutional right in Loving vs Virginia (striking down laws against interracial marriage). Today the judge is only following the logic of the two ridiculous Supreme Court rulings this summer which basically declared homosexuals to be a suspect class. This is all the doing of Justice Kennedy. Just think of what would have happened if Reagan did not back down and nominated another conservative after Bork was unjustly rejected. We would have a totally different nation today.
height of hypocrisy to say “unconstitutional” as a means of expediency. the constitution is silent on the issue at best while being clear about separation of powers, respecting the votes of the people, etc. 30 state constitutions and all duly voted on disenfranchised
Another thought, what are these tyrants doing issuing these orders late in the evening?
It’s eerily similar to Jesus’ trial.
Screw off Herring and do your job for once.
The world is demanding you profess a lie of they choice is truth..2+2=5.. To me gay is as irrelevant some wanting to say 2+2=5..its no skin off my nose but it still an untruth.... But that the point to make you say a lie to believe a lie so self evidently untrue..its to break you to follow whatever truth of the moment they need...and that the danger
Not until Thomas Jefferson is dancing the cha cha in his grave.
NO, Scalia warned about this very thing, and now the LGBT mafia is going from state to state, using the federal judge judiciary to overrule the will of the people.
Putting it in the Constitution of the state won’t mean a thing....that is what happened in California.....And it was ripped out by federal judges AND state officials who refused to enforce the law. The people were LITERALLY ignored.
“Will this ever stop?”
No. The best thing VA could do in my view is get out of the marriage licensing business entirely. That probably won’t happen. So second best would be for heterosexual couples to decide they have no interest in the state licensing scheme and get married in church without a license.
As it stands, in 20 years or so about the only people who will be getting marriage licenses anyway will be homosexuals. Getting the license is so disadvantageous for heterosexual couples, particularly for men, that it’s going the way of the dodo bird.
What a horrible day that must have been. I made it out alive the following year.
Will this ever stop?
I think we have lost this one. So many states are becoming gay marriage that it is almost overwhelming. Only 3 states had voters vote for gay marriage and with state rights that is the ONLY ones with gay marriage even though it is a tragedy that people would be that stupid. However, every other state that has a judge implement gay marriage should be banned and not allowed.
THIS is why Indiana is trying to put in in our State Constitution.
They dropped it. It is not happening. Just happened yesterday.
Sens. Ted Cruz and Mike Lee Introduce State Marriage Defense Act
Lets see how good Ted Cruz is at getting things done ..God help us. He can’t seem to convince anybody that this is good for the country and we want him for President. Like everything he has done, this will not pass and it is all for show. I am sorry but until he can do one thing that ends up with a result then I am not impressed with him. He reminds me so much of Obama with his gift to talk and not show a single result.
Perhaps- but it would take either a marriage amendment to the Federal Constitution or a civil war to put things right.
good thing Virginians didn’t vote for that rino Cuccinelli. <sarc
No thanks to all who did not vote in 2012.
Maybe seeing the destruction that is happening will convince the Republicans to put a conservative up in 2016 so it is worthwhile voting. The Republican Party needs to wake up not the voters using their principles.