US District Judge Arenda L. Wright Allen in Norfolk, Virginia wrote a ruling yesterday deeming that the same-sex marriage ban in the state was unconstitutional. Wright Allen's ruling read that the marriage ban was a violation of the equal-protection rights of residents in Virginia, including couple who had legally married in other states.
Wright Allen stated, "Virginia's marriage laws unconstitutionally deny Virginia's gay and lesbian citizens the fundamental freedom to choose to marry. Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country's cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family."
Bloomberg said the landmark decision could influence a stream of litigation regarding same-sex marriage bans in several states against the backdrop of a Supreme Court decision in June invalidating a federal law provision that limits recognition to marriages between heterosexual partners in the US. Wright Allen's verdict was for a lawsuit filed by two gay couples who had challenged the voter-approved constitutional amendment in 2006, which says that gay marriage is a violation of the American constitution's equal protection guarantee under the law.
The decision to strike the ban on same-sex marriage recognition in the Oklahoma and Utah are currently on hold, said Bloomberg. The rest of the states are currently pursuing appeals, which might lead to a Supreme Court hearing.
Bloomberg said that the Norfolk decision took center stage as the lawyers involved in the case representing the plaintiffs were former adversaries in the 2000 election contest between George W. Bush and Al Gore. Theodore Olson and David Boies' joint efforts to upend a ban on same-sex marriage in California triggered similar lawsuits in other states in the US.
After yesterday's ruling, Olson said, "Virginia's prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status. Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm. That type of law cannot stand."
