A Virginia District Court judge has ruled that the state’s ban on same-sex marriage is unconstitutional. Judge Arenda L. Wright Allen said the ban was a clear violation of the US Constitution’s guarantee of equal protection. In addition to overturning the same-sex marriage ban, the decision also made it clear that Virginia must recognise same-sex marriages performed in other states.
PILA Bulletin readers may recall that in June 2013, the US Supreme Court found that the Defence of Marriage Act was unconstitutional. This legislation was enacted 17 years ago under the Clinton administration and defined marriage as between as man and a woman.
In her judgment, Wright Allen wrote “When core civil rights are at stake, the judiciary must act … Notwithstanding the wisdom usually residing within proper deference to state authorities regarding domestic relations, judicial vigilance is a steady beacon searching for an ever-more perfect justice and truer freedoms for our country’s citizens.”
The Virginian court’s ruling follows the reasoning in similar decisions about same-sex marriage in Utah and Oklahoma. Kentucky has also recently ruled that same-sex marriages performed in other states must be recognised in Kentucky – but did not address Kentucky’s own ban on such marriages.
The decision made in Virginia is being appealed, so the execution of the ruling has been stayed pending the appeal. The Utah and Oklahoma decisions are also being appealed. The New York Times reports that legal experts say one of these cases is likely to reach the US Supreme Court.
Click here to read an article in the Guardian about the case.
Click here to read an article in the New York Times about the case.
Click here to read the full judgment.