Judge rules Virginia’s ban on same-sex marriage unconstitutional

WTVR6 ^ | February 13, 2014 | Alix Bryan

[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.

[Amendment10]

Another activist judge! This time in Virginia and not Kentucky.

Most of the material below is from the Kentucky thread. If the DOMA information in it is correct, then these judges have the wires crossed somewhere. Either that or they are deliberately wrongly legislating pro-gay rights from the bench.

First, as indicated in the Kentucky post below, the states have never amended the Constitution to protect so-called gay rights. So the states are actually free to make laws which discriminate against gay "rights" as long as such laws don't also unreasonably abridge constitutionally enumerated protections.

From the Kentucky thread:

Under Congress's constitutional Article IV, Section 1 authority which allows Congress to legislatively determine the extent to which one state has to respect the records of another state, the significant DOMA provision which still stands is Section 2 below.

DOMA:

• Section 1. Short title

  This Act may be cited as the "Defense of Marriage Act".

• Section 2. Powers reserved to the states

  No State, territory, or possession of the United States, or Indian tribe, shall be required to give effect to any public act, record, or judicial proceeding of any other State, territory, possession, or tribe respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other State, territory, possession, or tribe, or a right or claim arising from such relationship.

• Section 3. Definition of marriage (ruled unconstitutional by the Supreme Court) (emphasis added)

  In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or a wife.

Note that Section 3 above is what the Supreme Court ruled unconstitutional. And I agree with the Supreme Court because the states have never delegated to Congress, via the Constitution, the specific power to regulate marriage. Only the states can regulate marriage. And only the states can amend the Constitution to define marriage. The problem is that the states, including low-information state lawmakers, have been asleep at the wheel concerning such issues.

Also, probably the main reason that patriots tremble in their boots when activist judges rule in favor of the pro-gay movement is the following imo. Low information-patriots evidently do not understand that the states have never amended the Constitution to expressly protect gay marriage which this judge seems to be ignoring. So the states can actually make laws which distriminate against things like gay marriage, imo, as long as such laws don't also unreasonably abridge constitutionally enumerated rights.

[wfu_deacons]

Virginia’s ban was in their state Constitution.

[Republican Wildcat]

At this point we may as well have the SCOTUS declare the constitution is unconstitutional.

Well, that's no more far fetched than the suggestion that two men can be husband and wife as well as two women, which is just what this court has ruled - the meaning of words is "unconstitutional". A court up in Maine just ruled it was unconstitutional to have gendered restrooms - men must be allowed to have access to go to the women's restroom if they so choose to do so, and women likewise must be allowed access to the men's restroom if they so choose. It's mindless stupidity.

[MHGinTN]

Democrfips now run Virginia. Virginians are getting what they deserve, government promoting immorality, government removing constitutional rights, government serving globalist masters with a globalist agenda. Virginai was once a great state. Gradually, fascist progressives have pushed it down into the socialist sh!tter.

[deks]

THIS is why Indiana is trying to put in in our State Constitution.

---

CONSTITUTION OF VIRGINIA

Section 15-A. Marriage.

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. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

The amendment ratified November 7, 2006, and effective January 1, 2007—Added a new section (15-A).

http://constitution.legis.virginia.gov/

[Petrosius]

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.

1) No gay or lesbian is denied the freedom to marry, i.e. enter into a committed and exclusive union with a person of the opposite sex. Unions between those of the same sex are not marriage!

2) The Constitutions says nothing about marriage.

[Eagles6]

Mutual masturbation is not equal to procreation.

[Ray76]

Notice the abuse of language. “Marriage” has always been between man and woman. How can homosexuals claim the law is not being applied equally? Have men & women been prevented from marrying?

What homosexuals want is to change the meaning of the word. They then claim that, under this modified meaning, they are being excluded.

If the meaning of words must be changed it is proof of a lie.

If the meaning of words can be altered then there are no limits. Why stop at “marriage”, why not include other words? If the meaning of words can be altered then there are no limits, lies become truth and truth becomes a lie.

Altering the meaning of words is how the left re-frames an issue to advance their agenda. Don’t let them get away with it.

[sheikdetailfeather]

Sens. Ted Cruz and Mike Lee Introduce State Marriage Defense Act

http://www.breitbart.com/Big-Government/2014/02/13/Sens-Cruz-and-Lee-Introduce-State-Marriage-Defense-Act?utm_source=twitterfeed&utm_medium=twitter

[deks]

That ruling can be read in full here:

http://legaltimes.typepad.com/files/edva-ssm-opinion.pdf

"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."

U.S. District Judge ­Arenda L. Wright Allen

[liberalism is suicide]

Time for the states to refuse to comply to such contemptible, unholy rulings.

[P-Marlowe]

THIS is why Indiana is trying to put in in our State Constitution

It is part of California's constitution, but the court ruled our constitution to be unconstitutional.

[digger48]

damn.

[Ray76]

These people do not want equality - they claim they have the extraordinary right to modify the meaning of words.

[deks]

NCCU School of Law Alum Appointed to U.S. District Court

Tuesday, May 17, 2011

The U. S. Senate voted unanimously on Wednesday, May 11, 2011 to confirm Arenda L. Wright Allen ’85 of Norfolk, Virginia to serve as a U.S. District Judge for the U.S. District Court of the Eastern District of Virginia.

Nominated to the bench by President Barack Obama late last year, Wright Allen’s appointment makes her the first African American female judge to serve in that district. Prior to this appointment, Wright Allen served as a federal Public Defender in Norfolk and served as an Assistant United States Attorney.

Virginia Senators Jim Webb and Mark R. Warner recommended Wright Allen to the post.

http://law.nccu.edu/arenda-wright-allen/

[HokieMom]

Satan rules this world.

[rainee]

It figures

[Oliviaforever]

Virginia wants to comply.

[Foundahardheadedwoman]

Go Indiana! This is the only time I will root for your state since it got rid of Bobby Knight, your ambassador of good will.

[Yossarian]

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.

Yup.