BREAKING: US Appeals Court: Va. Gay Marriage Ban Unconstitutional

[Hissyspit]

Source: Associated Press / Reuters

@Reuters: RT @ReutersUS: #BREAKING: U.S. Fourth Circuit Court of Appeals strikes down Virginia's constitutional ban on same-sex marriage.

US COURT: VA. GAY MARRIAGE BAN UNCONSTITUTIONAL
By MICHAEL FELBERBAUM
— Jul. 28, 2014 1:34 PM EDT

RICHMOND, Va. (AP) — A federal appeals court has struck down Virginia's same-sex marriage ban.

A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled Monday that state constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violate the U.S. Constitution. The Virginia gay marriage case is one of several that could go to the U.S. Supreme Court.

In February, U.S. District Judge Arenda Wright Allen ruled that Virginia's same-sex marriage ban violates equal protection and due process guarantees. Lawyers for two circuit court clerks whose duties include issuing marriage licenses appealed.

The lawsuit was filed by two Norfolk men who were denied a marriage license and two Chesterfield County women whose marriage in California is not recognized by Virginia.

Read more: http://bigstory.ap.org/article/us-court-va-gay-marriage-ban-unconstitutional

[IronGate]

1. And the dominos keep falling. nt.

[SwankyXomb]

12. How many left to go?

Anyone got a current map?

[IronGate]

13. I don't have a map,

but I would think there's not a lot of them left.

[theHandpuppet]

18. Here's a link

http://www.lambdalegal.org/states-regions?utm_source=HereMedia&utm_campaign=StateRights

[IronGate]

19. Thanks. nt.

[gopiscrap]

2. Isn't this one of the most

conservative of the Federal Appeals Courts?

[iandhr]

3. Indeed

[Hawaii Hiker]

5. Not as much...Obama has appointed 6 to the 4th Circuit, and should be #7

as Pamela Harris is scheduled for a vote tonight at 5:30...

More on Pamela here,
http://www.newrepublic.com/article/117747/pamela-harris-fourth-circuit-court-why-liberals-should-cheer-her

[morningfog]

4. 4th joins the 10th. I am losing track. Have any other Circuits ruled?

[mahatmakanejeeves]

6. It's at the RT-D now.

And now, from the capital of the Confederacy:

Appeals court strikes down Va. same-sex marriage ban

Posted: Monday, July 28, 2014 1:24 pm

BY MARKUS SCHMIDT Richmond Times-Dispatch

RICHMOND — A federal appeals court panel today struck down Virginia’s ban on same-sex marriage. ...
In a 2-1 decision, the 4th U.S. Circuit Court of Appeals judges upheld U.S. Judge Arenda L. Wright Allen's ruling in February that the 2006 amendment to the state Constitution defining marriage as between a man and a woman violates the equal protection clause under the 14th Amendment of the U.S. Constitution.

Today’s decision is significant because it also renders unconstitutional similar marriage bans in North Carolina, South Carolina and West Virginia – states that are part of the 4th Circuit. Same-sex marriage is already legal in Maryland, which is also in the circuit.

This marks the second time that an appellate-level court has ruled on state marriage bans following the dismantling of a key section of the federal Defense of Marriage Act last summer, and sets the stage for the Supreme Court to consider state-level laws. Earlier, appeals court decisions struck down bans in Utah and Oklahoma.
....

Two of the appeals judges - Roger L. Gregory, who was first appointed by President Bill Clinton, and Henry F. Floyd, appointed by President Barack Obama – voted to uphold the ruling. ... The sole dissenter was {Presiding Judge Paul V. Niemeyer}, appointed by President George H.W. Bush. In the hearing he had dropped hints at his decision by suggesting that same-sex marriage is not an equal, but a “new relationship” that should not be compared with the traditional definition of marriage as between a man and a woman. ... The case is likely headed to the U.S. Supreme Court.
....

[e-mail]

[phone]

Twitter: @MSchmidtRTD

I wasn't any too enthusiastic about McAuliffe, but the alternative was just too awful. Two thumbs up.

Not everyone shares my enthusiasm. From the comments:

Charlie Spivey · Top Commenter · Owner at Self-Employed

I am dmaned sick and tired of these Liberals stomping all over the Constitution until they fins something that suits their agenda ( 14th Ammendnent ) then fall back on it. The voters went to the polls and Voted on this issue and the Majority rules. In my Opinion Gays & Lesbians have no rights far as Marriage goes. They are an abberation and not as God intended. A man is gay because he is a loser that can't find a woman and so with the opposite sex, they can't find a man. I am damned sick and tired of minority rule and the ACLU.

3 minutes ago

[onehandle]

7. GOPNRAteahadists will be clinging to their dixie flags and guns tonight.

And making plans.

[Swede Atlanta]

8. They'll be checking to see how much rope they have.....

If the still has finished making enough moonshine for the drive to Richmond and they have enough corncobs for when they might need to stop along the way with nature calling.

[mahatmakanejeeves]

10. It might be more complex than that.

Last edited Tue Jul 29, 2014, 01:39 PM - Edit history (1)

It might be more complex than that. The "Moonshine Capital of America" is Franklin County. From 1841-1843, Franklin County was represented in the Virginia House of Delegates by Jubal Early, who was opposed to secession.

He served in the Virginia House of Delegates from 1841–1843. ... Early was a Whig and strongly opposed secession at the April 1861 Virginia convention. However, he was soon roused by the actions of the Federal government when President Abraham Lincoln called for 75,000 volunteers to suppress the rebellion.

And thus it was that 150 years ago today, Jubal Early was making life miserable for soldiers of the Union army.

ETA: 150 years ago, not 110 years ago, unless he was driving below the limit in the left lane with his turn signal on in front of the GAR.

[theHandpuppet]

25. I do suppose you know it wasn't a bunch of "hillbillies"...

... who have funded the fight against gay marriage in Virginia and filed an amicus curiae with the U.S. Court of Appeals for the Fourth Circuit in opposition to our marriage rights? Guess not.

There are also more than a few of us here at DU who might be considered "hillbillies" and some of us are even gay. Speaking only for myself, I can tell you I don't appreciate the fallback to stereotypes of moonshine and corncobs. Some of us have been fighting like hell for equality. Bigotry transcends class and it is usually those with the most money who hold the power.

Having said that, this decision means a great deal to me and my partner of 24 years. If what I heard on NPR this evening is correct, West Virginia will not challenge today's ruling.

[theHandpuppet]

26. Court clears way for gay marriage in W.Va.

Monday, July 28, 2014
Court clears way for gay marriage in W.Va.
By Kate White, Staff writer

The federal appeals court that covers West Virginia has agreed that a ban on same-sex marriage in neighboring Virginia is unconstitutional — a move that advocates said would pave the way for gay and lesbian couples to marry in West Virginia...

...U.S. District Judge Robert C. Chambers, who is considering three West Virginia couples’ challenge to this state’s same-sex marriage ban, said in June that he was waiting for the 4th Circuit decision before proceeding in the case before him.

“There are no barriers to the judge in our case immediately lifting the stay that he imposed waiting for the 4th Circuit, and there is no constitutional justification for continuing to deny same-sex couples in West Virginia the right to marry,” Beth Littrell, lead plaintiffs’ attorney for the case filed in West Virginia, said after Monday’s ruling.

The plaintiffs in West Virginia — two Huntington couples and one St. Albans couple who sued the county clerks in Cabell and Kanawha counties — plan to ask Chambers to lift the stay and immediately rule on their case....

- See more at: http://www.wvgazette.com/article/20140728/GZ01/140729326/1101#sthash.XW0nXmJd.dpuf

[theHandpuppet]

24. Do you mean GOPNRAteahadists like these?

James Parrish, executive director of the gay rights group Equality Virginia, hailed the ruling as a victory for “love and fairness” in Virginia.

“We are one step closer – in Virginia, the south, and America - to recognizing and celebrating equality and the diversity of love, commitment, and family,” Parrish said.

In a joint statement, Catholic Bishops Paul S. Loverde and Francis X. DiLorenzo called the ruling “a fundamental misunderstanding of the intrinsic nature of marriage” and an injustice to Virginia voters.

“We maintain that those with same-sex attractions must be treated with respect and sensitivity. However, by rejecting the state amendment which affirms marriage as the unique institution between one man and one woman, the court seeks to redefine an age-old institution, rooted in natural law, and extend a right that does not -– and cannot -- exist between people of the same sex,” the statement said.

http://www.morganton.com/news/state/roy-cooper-n-c-should-stop-defending-gay-marriage-amendment/article_1ef6d35c-a6d3-5a98-90de-d62867e18bb3.html

[mahatmakanejeeves]

9. At last: Virginia is for lovers.

[closeupready]

11. Excellent. It's remarkable the near-unanimity, liberal and conservative courts alike,

that laws discriminating against gay people are unlawful.

Just goes to show you that when it comes to pandering for votes, lawmakers really will stop at almost nothing, even supporting unjust bills.

The further irony that most lawmakers are lawyers themselves who have sworn to uphold the Constitution should bring all (but the most cynical) who voted in favor of these 'defense of marriage' bills much shame.

[cvoogt]

14. yay yay yay!

yay!

[ReRe]

15. Is anyone keeping track of these?

... I can not keep up with them! Unconstitutional, unconstitutional, unconstitutional. Someone needs to just declare all of them unconstitutional and call it done.
Same-sex marriage bans are all unconstitutional!

[Va Lefty]

16. Sen. Warner's statement on ruling...

"I am so happy that yet another federal court agrees that Virginia's ban on gay marriage is unconstitutional," Sen. Warner said. "Allowing people to marry who they love is the right thing to do, and it also strengthens our families and our communities. Virginia should be a welcoming place for all, and I am very pleased at the rapid progress toward marriage equality that we're seeing in Virginia and around the country."

http://www.bluevirginia.us/diary/11954/statements-on-ruling-in-bostic-v-rainey-case-striking-down-virginia-gay-marriage-ban

[mahatmakanejeeves]

17. The ruling can be read here.

Last edited Tue Jul 29, 2014, 01:58 PM - Edit history (2)

http://pdfserver.amlaw.com/nlj/Virginia%20ruling.pdf

Hat tip, DCist:http://dcist.com/2014/07/another_court_says_virginia_ban_on.php.

[JudyM]

20. Thanks for the link. It's a lovely opinion.

Squarely and decisively on the basis of Equal Protection and Due Process. This is What We've Been Waiting For.

[dbackjon]

21. NC Attorney General Will Not Defend Amendment One Following 4th Circuit Decision

Monday afternoon in a press conference North Carolina Attorney General Roy cooper announced that his office will no longer attempt to defend the Amendment One, North Carolina’s anti-gay bigotry amendment to the NC Constitution passed in 2012. This follows a decision by a three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond, Virginia that ruled a state constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violate the U.S. Constitution. The circuit court has jurisdiction over Virginia, Maryland, West Virginia, North Carolina and South Carolina. The panel’s decision can be appealed to the full court or to the Supreme Court.

“Today we know our law will be overturned as well.” stated AG Cooper. “It’s time to stop fighting fights we can’t win.”


http://www.camelcitydispatch.com/nc-attorney-general-will-not-defend-amendment-one-following-4th-circuit-decision-5876/

[underpants]

22. Just seeing this now. YES!!!!!!!!

Finally

[shenmue]

23. Squee!

Yay! Yay, yay, yay!

[4lbs]

27. OMG OMG OMG marriage threatened..... gay couples want to marry.... raise children .... teach them to

respect others..... and send them to school.... and...


wait, what was the problem again?

[Veruca Salt]

28. Nice map including states with overturned bans plus an animation from 1990 to now of the progression

http://gregstoll.dyndns.org/marriagemap/#