The U.S. Court of Appeals for the 4th Circuit in Virginia has struck down that state’s same-sex marriage ban as unconstitutional, by a 2-1 vote.
The decision Monday upheld a ruling by U.S. Judge Arenda L. Wright Allen in February that found the ban violates the U.S. Constitution’s equal protection clause. In 2006, Virginia passed an amendment to the state Constitution declaring marriage to be between a man and a woman.
Here is the key portion of Judge Henry F. Floyd’s ruling:
We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life. It allows individuals to celebrate and publicly declare their intentions to form lifelong partnerships, which provide unparalleled intimacy, companionship, emotional support, and security. The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.
Federal judges in other states such as Colorado, Nevada, Utah, and Wisconsin have struck down similar state bans in the past year, with varying success. In Utah’s case, the state ban could go all the way to the U.S. Supreme Court.
Correction: A previous version of this post misidentified a portion of the court’s opinion.
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With three days until the first debate, the polls are coming fast and furious. The latest round:
- An Associated Press/Gfk poll of registered voters found very few voters committed, with Clinton leading Trump, 37% to 29%, and Gary Johnson at 7%.
- A McClatchy-Marist poll gave Clinton a six-point edge, 45% to 39%, in a four-way ballot test. Johnson pulls 10% support, with Jill Stein at 4%.
- Rasmussen, which has drawn criticism for continually showing Donald Trump doing much better than he does in other polls, is at it again. A new survey gives Trump a five-point lead, 44%-39%.
In contrast to Hillary Clinton's meticulous debate practice sessions, Donald Trump "is largely shunning traditional debate preparations, but has been watching video of…Clinton’s best and worst debate moments, looking for her vulnerabilities.” Trump “has paid only cursory attention to briefing materials. He has refused to use lecterns in mock debate sessions despite the urging of his advisers. He prefers spitballing ideas with his team rather than honing them into crisp, two-minute answers.”
Donald Trump "is on the precipice of becoming the only major-party presidential candidate this century not to reach out to millions of American voters whose dominant, first or just preferred language is Spanish. Trump has not only failed to buy any Spanish-language television or radio ads, he so far has avoided even offering a translation of his website into Spanish, breaking with two decades of bipartisan tradition."
Bill and Hillary Clinton have purchased the home next door to their primary residence in tony Chappaqua, New York, for $1.16 million. "By purchasing the new home, the Clinton's now own the entire cul-de-sac at the end of the road in the leafy New York suburb. The purchase makes it easier for the United States Secret Service to protect the former president and possible future commander in chief."