Federal Judge Strikes Down Virginia Gay Marriage Ban

[cal04]

Source: Huffington Post

A federal judge ruled the state of Virginia's ban on gay marriage unconstitutional, Attorney General Mark Herring announced via his Twitter account on Thursday.

http://www.nbc12.com/story/24721161/judge-rules-va-gay-marriage-ban-unconstitutional

A judge has ruled Virginia's ban on gay marriage to be unconstitutional.

U.S. District Judge Arenda Wright Allen made the ruling late Thursday night.

Attorney General Mark Herring has said he will not defend the ban, saying it is in violation of the U.S. constitution.

Mike Valerio is following this breaking news and will have more information in our online newscast at 11 and on NBC12 News at 11:30 after the Olympics.


*ALERT* Equality marches forward in VA: Federal judge declares state's same-sex marriage ban unconstitutional. Issues stay pending appeal.
https://twitter.com/AGMarkHerring?original_referer=http%3A%2F%2Fwww.huffingtonpost.com%2F2014%2F02%2F13%2Fvirginia-gay-marriage_n_4785530.html&tw_i=434157953944276992&tw_p=tweetembed

Read more: http://www.huffingtonpost.com/2014/02/13/virginia-gay-marriage_n_4785530.html?&ncid=tweetlnkushpmg00000067

---

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

Important to note: Injunction in VA #SSM case is stayed pending appeal meaning the ban will remain in effect while appeals are heard.

From ruling: "We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect."

From ruling: "VA's Marriage Laws unconstitutionally deny VA's gay and lesbian citizens the fundamental freedom to choose to marry."

"VA law that bars same-sex marriage or prohibits VA's recognition of lawful same-sex marriages from other jurisdictions unconstitutional."

From ruling: "Laws deny Plaintiffs their rights to due process & equal protection guaranteed under the 14th Amendment of US Constitution."

From ruling: "Court stays execution of this injunction pending the final disposition of any appeal to the Fourth Circuit Court of Appeals."

https://twitter.com/AGMarkHerring?original_referer=http%3A%2F%2Fwww.huffingtonpost.com%2F2014%2F02%2F13%2Fvirginia-gay-marriage_n_4785530.html&tw_i=434157953944276992&tw_p=tweetembed


http://www.timesdispatch.com/news/latest-news/federal-judge-strikes-down-virginia-s-gay-marriage-ban/article_a240d8c2-9525-11e3-93ca-001a4bcf6878.html

[geomon666]

1. *hugs*

[HockeyMom]

27. Perfect!!!!

and another one gone, and another one gone!!!!! lol

[Tx4obama]

2. Additional article/link below

Federal Judge Rules Va. Gay Marriage Ban Unconstitutional

A federal judge has ruled Virginia's gay marriage ban is unconstitutional.

The ruling was announced late Thursday evening. The order released around 10 p.m. stated the following:

"The Court finds Va. Const. Art. I, § 15-A, Va. Code §§ 20-45.2, 20-45.3, and any other Virginia law that bars same-sex marriage or prohibits Virginia's recognition of lawful same-sex marriages from other jurisdictions unconstitutional. These laws deny Plaintiffs their rights to due process and equal protection guaranteed under the Fourteenth Amendment of the United States Constitution."

This is a developing story. Stay with NBCWashington.com for the latest details.

http://www.nbcwashington.com/news/local/Federal-Judge-Rules-Va-Gay-Marriage-Ban-Unconstitutional-245473531.html

[Warpy]

3. Good, it's only a matter of time before they all go

Although the former slave states will fight it tooth and nail, even enshrining unequal treatment under the law to any group the ruling class doesn't like that week into law won't work since the US constitution negates any popular ruling against civil rights enjoyed by all citizens.

It seems to be happening quickly now. All it took were a couple of brave states taking the plunge followed by the stubborn refusal of the sky to fall in those states.

[sheshe2]

4. Kick!

[Tx4obama]

5. Image

https://twitter.com/thinkprogress/status/434170223869304832/photo/1

[iandhr]

6. Great news.

Hardly surprising given the AG said he wanted to ban to be struck down.

[iandhr]

7. Another small step for progress.

[lobodons]

8. You know what they say

So goes Utah

[spooky3]

9. Elections have consequences. New AG will not defend the ban; what would Cuccinelli have done? (nt)

[malletgirl02]

19. Exactly Right!

I agree with you. In addition I have always been irked by people on DU tell people people voting is a waste of time. As we seen here elections matter.

[efhmc]

29. I have never seen anyone here advocate not

voting. Hope they get called on it when they do..

[OldRedneck]

10. WHAT WAS THAT NOISE????? OMG -- IT'S MY NEIGHBORS!!!!

That loud "BOOM!!!" was my Republican neighbors' heads exploding!!!!!!!!!!!!!!!!

[alp227]

11. washington post story

Federal judge strikes down Va. ban on gay marriage

The Virginian-Pilot: U.S. judge: Va. same-sex marriage ban unconstitutional

Hampton Roads Daily Press: Virginia federal judge strikes down state's same-sex marriage ban

[Cha]

12. Thankfully, cal!

mahalo~

[rdking647]

13. hopefully texas joins teh parade soon

[Behind the Aegis]

14. LA may beat Texas...there are couples there who have filed and it has gone to court.

If Texas falls, it will really signify the beginning of the end, IMO.

[awoke_in_2003]

30. Houston elected an openly gay woman...

twice as Mayor. There is hope.

[X_Digger]

15. It's Frederick and Charlotte, not Frederick and Waynesboro!

I always thought my home state would be one of the last holdouts. Good job Judge Allen.

[blkmusclmachine]

16. The anti-gay Bigots have nothing more than ANIMUS feuling their hateful, unconstitutional State Bans

?!?!

[Initech]

17. Another one bites the dust!

Screw you bigots!

[Iwillnevergiveup]

18. Next maybe Kentucky???

http://www.latimes.com/nation/nationnow/la-na-nn-kentucky-same-sex-marriage-20140212,0,6005147.story#axzz2tGs6l9Z6

##snip##

"Same-sex marriage may soon be coming to the South.


A federal judge struck down part of Kentucky's same-sex marriage ban on Wednesday, joining a string of similar rulings in conservative states that have put the future of the country's remaining bans in doubt.

District Judge John G. Heyburn ordered that Kentucky recognize same-sex marriages that had been legally performed in other states and opened the door wide for activists to strike down Kentucky's ban entirely.

No federal judge has ruled in favor of such bans since a landmark U.S. Supreme Court decision on the issue last summer. Recent judicial decisions have overturned or chipped away at state laws banning gay marriage that once passed with the great popular support of voters and state legislatures.

It wasn't immediately clear how Heyburn's ruling will be received in deeply conservative Kentucky, whose voters approved a constitutional ban on same-sex marriage in 2004 with 74% of the vote."

##snip##

[davidn3600]

20. So when is the fire going to be sent from god?

Isnt that what the far right says will happen if we accept gays as equals?

[urbuddha]

21. VIRGINIA IS FOR LOVERS !

Congratulations to them.

[wocaonimabi]

23. So if a city or town does not get smoted by god then he/she/it either approves, does not care or

does not exist.

[gwheezie]

22. Every vote counts

Herring won by about 900 votes, this is what we would have gotten with Obenshain if dems did not vote
http://votesmart.org/candidate/50954/mark-obenshain#.Uv3rvPldVvE

I've been watching the news on the Richmond stations covering this decision, they tend to be conservative news outlets but it is getting just a mention and not much discussion.

[underpants]

24. Yep those 900 really counted! GREAT NEWS

And yes Richmond media is very conservative despite how we have voted for the last 8 years or so. The Times-Dispatch in particular is RW nonsense.

Yaaaay for the Ooooold Dominion!!! (Pending appeal)

[onehandle]

26. If only voters put two an two together during mid-term elections.

2014 has a pretty good chance of being another 2010.

[onehandle]

25. And the 'tyranny' of teh gay marches on.

Infringing on haters 'right' to suppress their rights.

[LionsTigersRedWings]

28. great news!!!

just in time for Valentines day!!

[NuclearDem]

31. Like. Fucking. Dominoes.

[SCRUBDASHRUB]

32. What a difference an election makes!