Federal Judge Rules Virginia’s Ban on Same Sex Marriage is Unconstitutional

February 13, 2014 10:34 PM6 comments

Thursday, U.S. District Judge Arenda Wright Allen ruled that Virginia’s ban on marriage for lesbian and gay couples is unconstitutional in the case Bostic v. McDonnell brought by the American Foundation for Equal Rights (AFER). Her ruling is stayed pending appeal, meaning marriages will not occur immediately in the commonwealth.

Tim Bostic and Tony London as well Carol Schall and Mary Townley are the two plaintiff couples challenging Virginia’s amendment. Tim and Tony have been together for nearly 25 years, and Carol and Mary, who are also raising a teenage daughter, have been together for 30.

The Virginia ruling comes on the heels of a year-long string of electoral, judicial and legislative victories for marriage equality. Recently the New Mexico Supreme Court and a federal district judges in Utah, Oklahoma, Ohio and Kentucky have ruled in favor of marriage for lesbian and gay couples.

  • Joe

    The United States Constitution simply doesn’t grant the federal judiciary the power to redefine marriage as it sees fit. In addition, this particular judge evidently doesn’t know the difference between the Constitution and the Declaration of Independence.


    • FourQ

      Awww. Por lil’ butthurt bigot. History’s leaving your sad a** in the dust, and nobody cares.

      • Joe

        Your insulting and immature comment contributes nothing to civil discourse.

        • FourQ

          Bigots don’t deserve civil discourse.

          • JFallsChurch

            Nor do dolts

      • David

        Ironic to mention butthurt here.

        Anyway, here is one gay man’s opinion that being opposed to gay marriage doesn’t make you a homophobe. It’s worth reading (if you’re willing to read things that challenge your viewpoint): http://www.theatlantic.com/national/archive/2013/12/being-against-gay-marriage-doesnt-make-you-a-homophobe/282333/

        Even if you think opposition to gay marriage stems from bigotry, your ad hominem attack on Joe is baseless. His comment actually says nothing about the validity of gay marriage–he questions the power of the judiciary. There are plenty of people who agree with your position on gay marriage, but believe the issue should be decided by the legislature, not the judiciary. It’s a fair constitutional debate — take it easy.

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