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Judge rules Virginia’s ban on same-sex marriage unconstitutional
WTVR6 ^ | February 13, 2014 | Alix Bryan

Posted on 02/13/2014 8:14:49 PM PST by cutofyourjib

NORFOLK, Va. (WTVR) – A federal judge declared late Thursday night that Virginia’s ban on same-sex marriage is unconstitutional, confirmed Michael Kelly, Director of Communications for Attorney General Mark Herring.

The update was first made on Herring’s 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 Virginia’s 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 commonwealth’s 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 Virginia’s top brass behind them. State Attorney General Mark Herring and Governor Terry McAuliffe, both Democrats, have said they won’t defend the state’s constitutional ban.

Herring’s 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 judge’s conclusion reads:

“ The Court is compelled to conclude that Virginia’s Marriage Laws unconstitutionally deny Virginia’s 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 country’s 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.


TOPICS: Breaking News; Culture/Society; Extended News; News/Current Events; US: Virginia
KEYWORDS: homosexual; homosexualagenda; judicialactivism; marriage; va
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Will this ever stop?
1 posted on 02/13/2014 8:14:49 PM PST by cutofyourjib
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To: cutofyourjib

Our representative government is no more.


2 posted on 02/13/2014 8:16:46 PM PST by aimhigh
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To: cutofyourjib

No, the dominos are falling thanks to the SCOTUS.


3 posted on 02/13/2014 8:18:06 PM PST by headstamp 2 (What would Scooby do?)
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To: aimhigh

Why bother with having a state legislature? Just dissolve them and let Federal Judges rule the states.


4 posted on 02/13/2014 8:18:11 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: cutofyourjib

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.


5 posted on 02/13/2014 8:18:16 PM PST by Olog-hai
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To: cutofyourjib

Well, it won’t be appealed by the sodomite governor or AG.


6 posted on 02/13/2014 8:18:23 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: cutofyourjib

Get a judge, negate a vote...we are definitely NOT a representative republic...
Pack it up and go home....but where?


7 posted on 02/13/2014 8:19:19 PM PST by matginzac
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To: cutofyourjib

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.

“country’s 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.


8 posted on 02/13/2014 8:21:44 PM PST by Viennacon
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To: cutofyourjib

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.


9 posted on 02/13/2014 8:24:49 PM PST by Organic Panic
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To: cutofyourjib

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.


10 posted on 02/13/2014 8:25:07 PM PST by JSDude1 (Defeat Hagan, elect a Constutional Conservative: Dr. Greg Brannon!)
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To: Olog-hai
I'm not at all confident in Americans of conscience meaningfully fighting back anymore. When Roe violently forced a "right" to murder babies on all 50 states and we did nothing, I knew we were dead in a way that we've never been before.
11 posted on 02/13/2014 8:26:21 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: headstamp 2

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.


12 posted on 02/13/2014 8:28:56 PM PST by fwdude ( You cannot compromise with that which you must defeat.)
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To: matginzac

MARK LEVIN: It’s time for our state legislatures to act, to stop this tyranny

http://therightscoop.com/mark-levin-its-time-for-our-state-legislatures-to-act-they-have-constitutional-duty-to-act/


13 posted on 02/13/2014 8:29:17 PM PST by sheikdetailfeather (Yuri Bezmenov (KGB Defector) - "Kick The Communists Out of Your Govt. & Don't Accept Their Goodies.")
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To: cutofyourjib

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.


14 posted on 02/13/2014 8:31:31 PM PST by digger48
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To: sheikdetailfeather

One can hope...


15 posted on 02/13/2014 8:32:43 PM PST by matginzac
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To: cutofyourjib

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.


16 posted on 02/13/2014 8:32:48 PM PST by bk1000 (A clear conscience is a sure sign of a poor memory)
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To: cutofyourjib

Bttt


17 posted on 02/13/2014 8:37:39 PM PST by Guenevere
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To: cutofyourjib

Virginians put Democrats in control so this is what they get! Shame on them for neglecting centuries of sound policy.


18 posted on 02/13/2014 8:37:42 PM PST by Boomer One
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To: Army Air Corps

> 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...


19 posted on 02/13/2014 8:47:07 PM PST by jsanders2001
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To: cutofyourjib
“Equality in Virginia took a big step forward tonight as a federal district judge declared Virginia’s ban on same-sex marriage to be unconstitutional,” Herring wrote.

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.

20 posted on 02/13/2014 8:47:16 PM PST by Republican Wildcat
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