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.
Our representative government is no more.
No, the dominos are falling thanks to the SCOTUS.
Why bother with having a state legislature? Just dissolve them and let Federal Judges rule the states.
It’ll stop, but not before it gets worse. The “wax(ing) worse and worse” bit is a sign of far better things to come, take note.
Well, it won’t be appealed by the sodomite governor or AG.
Get a judge, negate a vote...we are definitely NOT a representative republic...
Pack it up and go home....but where?
Not when every such judge is an Obama appointee. He could get this in all 50 states if he wanted.
I have to say this and it pains me to, but if this is forced upon the states by the courts, I will declare our rights dead and a new era of dictatorship in effect. I won’t remain in a dictatorship. I’ll have to carefully fold my flag and constitution, and make travel plans to Armenia.
Unless there is an indication that in an impending cataclysm, we can seize power at least in the red states and outlaw liberalism and arrest these judges pending public trials for sedition.
“countrys cherished protections that ensure the exercise of the private choices of the individual citizen regarding love”
Love is not mentioned in the Constitution once, like abortion. This is just made up.
At this point we may as well have the SCOTUS declare the constitution is unconstitutional. As far as the courts are concerned the constitution is worse than toilet paper.
I get so sick of these Judges, I WISH that a Federal judge would try this in a state where the Governor (and the Leg) actually have b*lls to stand up and tell the Judge NO (It our Constitution; and you CANNOT OVERRULE IT)!
Unelected Judges are a big part of the failure of Federalism.
Thanks to Kennedy, the weakest link to real constitutional justice.
When the bloody revolution begins, I hope to see his corpse swinging next to Holder’s. I’ll even kick out the bench.
MARK LEVIN: Its time for our state legislatures to act, to stop this tyranny
THIS is why Indiana is trying to put in in our State Constitution.
The law is already there, just needing affirmation of the voters.
From the comment sections of the news media websites in the state, you’d think that Hoosiers are 90% gay. They are scared sh!tless about this one getting to the voters.
One can hope...
What is all this “equal treatment” nonsense? Any man is free to marry any woman that will have him, and vice versa. I fail to see the discrimination. To say people should be able to marry whomever they love changes the definition of marriage and is silly.
Virginians put Democrats in control so this is what they get! Shame on them for neglecting centuries of sound policy.
> Why bother with having a state legislature? Just dissolve them and let Federal Judges rule the states.
They’d love that. Don’t give them any ideas...
Language is unconstitutional. It's unconstitutional to recognize that only a man can be a husband and only a woman can be a wife.
Stupidity sits in high office and issues rulings the rest must obey.
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