4th Circuit Court of Appeals Strikes Down Virginia Marriage Bans

I will have more commentary later today, but today the U.s. Court of Appeals for the 4th Circuit released its ruling that found that Virginia's bans on same sex marriage violate the United States Constitution's promise of equal protection under the law to all citizens.  The ruling impacts not just Virginia, but also the states of South Carolina, North Carolina and It goes without saying that there is likely wailing and gnashing of teeth - between spittle flecked rants - over at the offices of The Family Foundation.  Sadly, individuals like Victoria Cobb and her animus inspired followers only feel good about themselves when they are persecuting and stigmatizing others. Congratulations to my friends Tim Bostic and Tony London, plaintiffs in the original case!!   Here are some brief excerpts from the Richmond Times Dispatch:

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 agreed with 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.

The decision goes into effect in 21 days, unless the defendants file a motion to stay the ruling – which they are likely to do. The case will then head to the U.S. Supreme Court for review.

“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,” Judge Henry F. Floyd wrote in his majority opinion.

“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,” he wrote.

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 under the court’s jurisdiction.

This marks the third 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.

 

Tony London and Tim Bostic