A federal judge on Thursday struck down Virginia’s ban on same-sex marriage, writing that the state constitution amendment adopted by voters in 2006 violates the 14th Amendment of the US Constitution.
The ruling issued by Judge Arenda Wright Allen of US District Court in Norfolk, is the latest federal rebuke of a state-level prohibition on same-sex marriage and is certain to push marriage equality toward the Supreme Court again. Wright Allen stayed her ruling pending an appeal, meaning that gay and lesbian couples in Virginia cannot start marrying just yet.
Although her ruling cannot take effect, Wright Allen’s opinion was particularly strong, opening with a long quote from Mildred Loving, a plaintiff in the 1967 Supreme Court case that overturned Virginia’s ban on mixed-race marriages.
“Justice has often been forged from fires of indignities and prejudices suffered,” Wright Allen wrote. “Our triumphs that celebrate the freedom of choice are hallowed. We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.”
The case, Bostic v. Rainey, was filed last year by a gay couple in Norfolk whose request for a marriage license was turned down. Virgina’s new attorney general, Mark Herring, said on January 23 that the state would no longer defend the marriage amendment, a reversal from his predecessor, Ken Cuccinelli. The plaintiffs are being represented by David Boies and former Solicitor General Ted Olson, who also represented the California couples in last year’s Supreme Court case that brought down that state’s same-sex marriage ban.
“This decision is a victory for the Constitution and for treating everyone equally under the law,” said Herring, who filed a brief in support of the plaintiffs after switching the state’s position. “The legal process will continue to play out in the months to come, but this decision shows that Virginia, like America, is coming to a better place in recognizing that every Virginian deserves to be treated equally and fairly.”
Benjamin Freed joined Washingtonian in August 2013 and covers politics, business, and media. He was previously the editor of DCist and has also written for Washington City Paper, the New York Times, the New Republic, Slate, and BuzzFeed. He lives in Adams Morgan.
Virginia’s Same-Sex Marriage Ban Is Unconstitutional, Says Federal Judge
The ruling overturns the ban adopted in 2006, but won’t take effect pending an appeal.
A federal judge on Thursday struck down Virginia’s ban on same-sex marriage, writing that the state constitution amendment adopted by voters in 2006 violates the 14th Amendment of the US Constitution.
The ruling issued by Judge Arenda Wright Allen of US District Court in Norfolk, is the latest federal rebuke of a state-level prohibition on same-sex marriage and is certain to push marriage equality toward the Supreme Court again. Wright Allen stayed her ruling pending an appeal, meaning that gay and lesbian couples in Virginia cannot start marrying just yet.
Although her ruling cannot take effect, Wright Allen’s opinion was particularly strong, opening with a long quote from Mildred Loving, a plaintiff in the 1967 Supreme Court case that overturned Virginia’s ban on mixed-race marriages.
“Justice has often been forged from fires of indignities and prejudices suffered,” Wright Allen wrote. “Our triumphs that celebrate the freedom of choice are hallowed. We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.”
The case, Bostic v. Rainey, was filed last year by a gay couple in Norfolk whose request for a marriage license was turned down. Virgina’s new attorney general, Mark Herring, said on January 23 that the state would no longer defend the marriage amendment, a reversal from his predecessor, Ken Cuccinelli. The plaintiffs are being represented by David Boies and former Solicitor General Ted Olson, who also represented the California couples in last year’s Supreme Court case that brought down that state’s same-sex marriage ban.
“This decision is a victory for the Constitution and for treating everyone equally under the law,” said Herring, who filed a brief in support of the plaintiffs after switching the state’s position. “The legal process will continue to play out in the months to come, but this decision shows that Virginia, like America, is coming to a better place in recognizing that every Virginian deserves to be treated equally and fairly.”
Bostic Opinion by Benjamin Freed
Benjamin Freed joined Washingtonian in August 2013 and covers politics, business, and media. He was previously the editor of DCist and has also written for Washington City Paper, the New York Times, the New Republic, Slate, and BuzzFeed. He lives in Adams Morgan.
Most Popular in News & Politics
Cassidy Hutchinson: Five Things
Roe v. Wade Was Overturned. These Protests Are Happening Around DC.
Death and the All-American Boy
George Huguely and Yeardley Love: Love, Death, and Lacrosse
Washington DC’s 500 Most Influential People
Washingtonian Magazine
July 2022: Summer Music Guide
View IssueSubscribe
Follow Us on Social
Follow Us on Social
Related
Guest List: 5 People We’d Love to Hang Out With This June
Not Just Foxes: 5 Animals You Might Spot at the US Capitol
How Rosa Parks Befriended a DC Hotel Owner
Dan About Town: The Best of Bashes, Balls, and Benefits This Past April
More from News & Politics
Airbnb Makes Its Party Ban Permanent
A First of Its Kind March on the National Mall Counters Anti-Asian Racism
Photos From a Weekend of Abortion Rights Protests at the Supreme Court
Devastation, Joy, and Fury: Reactions From the Supreme Court
Roe v. Wade Was Overturned. These Protests Are Happening Around DC.
PHOTOS: DC’s British Embassy Caps Off Queen Elizabeth’s Platinum Jubilee
Photos from the Supreme Court: Roe v. Wade Has Been Overturned
50 Years After Title IX: Why Survivors Still Need More Protections