A Virginia Court Has Struck Down the State’s Same-Sex Marriage Ban

The federal appeals decision upholds a February ruling that found the ban violated the Constitution’s equal protection clause.

RICHMOND, VA - MAY 13: A same-sex marriage supporter wears a rainbow cape behind 4th U.S. Circuit Court of Appeals after a court hearing May 13, 2014 in Richmond, Virginia. Three judges from the U.S. 4th Circuit Court of Appeals heard arguments from both sides of the case that seeks to determine whether Virginia's same sex marriage ban is constitutional. (Photo by Zach Gibson/Getty Images)
Emma Roller
Add to Briefcase
Emma Roller
July 28, 2014, 9:56 a.m.

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.

What We're Following See More »
SANS PROOF
NRA Chief: Leftist Protesters Are Paid
1 days ago
UPDATE
NEW TRAVEL BAN COMING SOON
Trump Still on Campaign Rhetoric
1 days ago
UPDATE
“WE’RE CHANGING IT”
Trump Rails On Obamacare
1 days ago
UPDATE

After spending a few minutes re-litigating the Democratic primary, Donald Trump turned his focus to Obamacare. “I inherited a mess, believe me. We also inherited a failed healthcare law that threatens our medical system with absolute and total catastrophe” he said. “I’ve been watching and nobody says it, but Obamacare doesn’t work.” He finished, "so we're going to repeal and replace Obamacare."

FAKE NEWS
Trump Goes After The Media
1 days ago
UPDATE

Donald Trump lobbed his first attack at the “dishonest media” about a minute into his speech, saying that the media would not appropriately cover the standing ovation that he received. “We are fighting the fake news,” he said, before doubling down on his previous claim that the press is “the enemy of the people." However, he made a distinction, saying that he doesn't think all media is the enemy, just the "fake news."

FBI TURNED DOWN REQUEST
Report: Trump Asked FBI to Deny Russia Stories
1 days ago
THE LATEST

"The FBI rejected a recent White House request to publicly knock down media reports about communications between Donald Trump's associates and Russians known to US intelligence during the 2016 presidential campaign, multiple US officials briefed on the matter tell CNN. But a White House official said late Thursday that the request was only made after the FBI indicated to the White House it did not believe the reporting to be accurate."

Source:
×
×

Welcome to National Journal!

You are currently accessing National Journal from IP access. Please login to access this feature. If you have any questions, please contact your Dedicated Advisor.

Login