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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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To: napscoordinator

Cutting your ears off to spite your face is a foolish policy.


81 posted on 02/14/2014 9:48:04 AM PST by entropy12 (If you did not vote, you helped elect the community organizer from south side of Chicago.)
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To: cutofyourjib

And don’t forget that sorry POS newly elected AG by 20 votes, and who voted for REAL MARRIAGE in 2006 said last month he will not enforce the ban anymore. So along comes some lesbian judge to overrule the will of the will of the people, and when the case goes to the US Supreme Court, like it will, the Virginia AG will not fight for it, EXACTLY like prop
48 in California. So that means once again that a state will have queer “marriage” forced on them AFTER the people said HELL NO!!


82 posted on 02/14/2014 9:49:44 AM PST by NKP_Vet ("I got a good Christian raisin', and 8th grade education, aint no need ya'll treatin' me this way")
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To: napscoordinator

As long as some so-called “federal” judge can overrule the will of the people, hell no it will never stop.

I was brought believing that if the people voted on something, then dammit, that was the law. Guess not.

And 9 out of 10 of these activist judges are either democrats or RINOs appointed by queer-friendly George W. Bush.


83 posted on 02/14/2014 9:55:27 AM PST by NKP_Vet ("I got a good Christian raisin', and 8th grade education, aint no need ya'll treatin' me this way")
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To: cutofyourjib

It won’t stop until the people start banning political activist judges.


84 posted on 02/14/2014 10:23:23 AM PST by Revel
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To: NKP_Vet

Well, this one was a double qualifier for the position. One she is a woman. The second, she is married to a Jamacan Soccar player.


85 posted on 02/14/2014 11:45:52 AM PST by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: deks

Gee, if Obama had a daughter...er, son...er, tranny relative that would be he/she/it


86 posted on 02/14/2014 11:47:38 AM PST by hattend (Firearms and ammunition...the only growing industries under the Obama regime.)
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To: All

I wonder how much longer will americans tolerate these judges??? At some point one of these judges are going to get offed.

(not that I support violence, its just that at some point they are going to push people too far)


87 posted on 02/14/2014 1:35:38 PM PST by escapefromboston (manny ortez: mvp)
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To: escapefromboston

What is the will of the people (an election), when it makes no difference how they vote if some judge is going to have the power to override the election? I have never heard of anything so crazy in all my life. That’s why we have elections. If the Supreme Court should make anything illegal it’s judges overruling the will of the people. If that’s going to be the case in each and every state that has a democrat attorney general and has a constitutional amendment on the record (that the people have voted in), the worthless democrat is going to say it is unconstitutional. Accounting to who? Not according to the people that voted it in! How can a damn judge say he’s right and the majority of the people are wrong? Am I missing something here. If the US Supreme Court does not put a stop to this garbage, there’s no need in having elections. They mean nothing. How about a republican federal judge ruling that Obama’s election was based on fraud and kick his ass out of office? What in the hell is the difference? There is no difference!!


88 posted on 02/14/2014 2:01:17 PM PST by NKP_Vet ("I got a good Christian raisin', and 8th grade education, aint no need ya'll treatin' me this way")
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To: deks

Ignoramus quoted text from the Declaration of Independence as being in the Constitution in her ruling.

Apparently she never had time to read the Constitution while in law school.

Ignorant, unqualified activist that owes her degrees and position on the bench to the racism of affirmative action. A lifetime of unconstitutional gibberish will be spewed from this woman. All of which will be nails in the coffin of the republic.


89 posted on 02/14/2014 3:50:54 PM PST by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: ChildOfThe60s

Mark Herring the new democrat Attorney General of Virginia was on CNN today and said it was a great day for Virginians. From the way he was talking he was the one that put the judge up to her ruling. Ken Cuccinelli was on last week talking about the Obama-stooge Herring, who won his race by about 20 votes. Cuccinelli was talking about Herring coming out within weeks after being declared the winner of the race and saying he would not enforce the states Constitutional ban on sodomite marriage. Cuccinelli then said that was strange considering he (Herring) supported the ban when the voters made it law. Cuccinelli goes on to say Herring is a political hypocrite and goes with flow. Obama wanted the ban lifted, so it was
lifted. Elections have consequence and Barry Bathhouse gets what he wants and he could care what the people want.


90 posted on 02/14/2014 4:26:32 PM PST by NKP_Vet ("I got a good Christian raisin', and 8th grade education, aint no need ya'll treatin' me this way")
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To: NKP_Vet

Let’s face it. Our republic is dead. It is a facade.

And hoping that a GOP majority in both houses of congress will change that is not wishful thinking. It is deluded thinking (I’m gonna get flamed for this) bordering on mental illness.

A whole lotta people out there need to start thinking about themselves and their families and number one priority.

Disclaimer: I will never stop fighting to get conservatives and right thinking people into congress, but I’m not foolish enough to think there is a realistic chance of stopping what is happening.


91 posted on 02/14/2014 5:12:34 PM PST by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: ChildOfThe60s

The GOPs bigger problem is electing RINOs like the Bushes to the White House. You might as well have a democrat.


92 posted on 02/14/2014 5:18:06 PM PST by NKP_Vet ("I got a good Christian raisin', and 8th grade education, aint no need ya'll treatin' me this way")
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To: cutofyourjib

Something I asked on another thread: Does that mean it is ok if the gay marriage issue is left to the states and so states like MA, NY and CA decide they are going to go ahead and have gay marriage while the states with traditional values decide to vote it down? I just want to know, would that be ok around here?

I mean, of course this is obscene and I would love to see Virginia be able to tell federal courts to just shove it, but if we were able to get that, would it be ok if this ideal scenario for VA and similar states also meant that states like NY or MA, that decide they do want gay marriage, would also have it? Or would that be considered unreasonable?


93 posted on 02/14/2014 6:47:29 PM PST by freedom462
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To: Viennacon
"Not when every such judge is an Obama appointee. He could get this in all 50 states if he wanted.

The Judiciary of the United States is the subtle corps of sappers and miners constantly working under ground to undermine the foundations of our confederated fabric.

...The Federal Judiciary; an irresponsible body (for impeachment is scarcely a scarecrow), working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.....

Thomas Jefferson....1789

94 posted on 02/15/2014 6:51:50 AM PST by unread (Rescind the 17th. Amendment...bring the power BACK to the states...!)
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To: b4its2late

Pretty rare for the rotten old media to ever post a picture of these ugly little witches.


95 posted on 02/15/2014 7:19:13 AM PST by Neoliberalnot (Marxism works well only with the uneducated and the unarmed.)
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To: freedom462

“Does that mean it is ok if the gay marriage issue is left to the states and so states like MA, NY and CA decide they are going to go ahead and have gay marriage while the states with traditional values decide to vote it down? I just want to know, would that be ok around here?”

If marriage was left up to the states, that is probably the way it would have went. But the malefactors and their allies will not rest until they have achieved total victory and have the Federal government impose it by law and force- and you can bet that will include forcing churches to marry gay couples at some point.


96 posted on 02/15/2014 7:32:20 AM PST by GenXteacher (You have chosen dishonor to avoid war; you shall have war also.)
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To: Boomer One

“... federal judge declared late Thursday ...”

Federal, not state judge. Even in leftist run states like Tax-a-pukus the redefinition of marriage is opposed. California too. A super majority of states in fact.


97 posted on 02/15/2014 10:35:51 AM PST by Arthur Wildfire! March (Powerless? Not with the Liberty Amendments)
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To: unread

I believe that our Founding Fathers lived in a different world. Lynching mobs were common. They could not CONCEIVE of the situation we are in today — all except for Jefferson. He probably paid more attention than most to the French Revolution. The revolutionary government of France was ten times more wicked than the US even today. They executed people for being Christian in fact. This must have troubled Jefferson deeply.


98 posted on 02/15/2014 10:39:53 AM PST by Arthur Wildfire! March (Powerless? Not with the Liberty Amendments)
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To: cutofyourjib

This Obama judge literally does not know the difference between the Constitution and the Declaration of Independence.

Why not the best?


99 posted on 02/15/2014 6:25:24 PM PST by Captain Jack Aubrey (There's not a moment to lose.)
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To: aimhigh
Our representative government is no more.

Hey! The judge was wearing a Magic Black Costume. So it's All Good.

100 posted on 02/15/2014 7:17:26 PM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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