Virginia: Judge strikes down marriage equality ban

Late Thursday night, a federal judge in Norfolk struck down Virginia’s ban on same-sex marriage, saying it violates the constitution’s 14th Amendment guarantee of equal protection:

"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."

District Federal Court Judge Arenda L. Wright Allen had stated earlier that she would to rule quickly after hearing arguments in Norfolk on Thursday in one of two challenges to Virginia's ban.

From the Washington Post:

Wright Allen opened her decision with a quote from Mildred Loving, who was at the center of the Virginia case that the Supreme Court used in 1967 to strike down laws banning interracial marriage.

Wright Allen added: Tradition is revered in the Commonwealth, and often rightly so. However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.

Virginia Attorney General Mark R. Herring recently changed the state’s legal position on the issue and joined two gay couples in asking the ban be struck down.

Herring said the state will continue to enforce the ban until the legal process is over.

This victory makes Virginia the fifth state in recent weeks where courts have ruled in favor of marriage equality.

Human Rights Campaign released this statement:

Yet another court has upheld the fundamental idea that gay and lesbian Americans are entitled to full equality under the law. Nearly fifty years ago, another Virginia case struck down bans on interracial marriage across the country, and now this commonwealth brings renewed hope for an end to irrational barriers to marriage for loving and committed couples across the country.

“Following recent decisions in Utah, Oklahoma, Ohio and Kentucky this Virginia ruling proves that marriage equality is once again on the fast track to the United States Supreme Court. From the South to the Midwest, this historic progress sends a message that no American should have to wait for equality, no matter where they live. “Right now this nation is divided into two Americas—one where full legal equality is nearly a reality, and the other where even the most basic protections of the law are nonexistent for loving gay and lesbian couples. We cannot and will not tolerate that patchwork of discrimination, and we won’t stop fighting until fairness and dignity reaches each and every American in all 50 states.”

(source)