Federal Judge Overturns Virginia’s Same-Sex Marriage Ban

New York Times, by Eric Eckholm, February 14, 2014

A federal judge on Thursday evening declared that Virginia’s ban on same-sex marriage was unconstitutional, in the strongest legal reversal yet of restrictive marriage amendments that exist throughout the South.

“Our Constitution declares that ‘all men’ are created equal,” wrote Judge Arenda L. Wright Allen of United States District Court for the Eastern District of Virginia, in Norfolk. “Surely this means all of us.”

The ruling, which overturned a constitutional amendment adopted by Virginia voters in 2006 as well as previous laws, also said that Virginia must respect same-sex marriages that were carried out legally in other states.

But opponents of same-sex marriage have vowed to appeal the decision to the United States Court of Appeals for the Fourth Circuit in Richmond, and Judge Wright Allen stayed the execution of Thursday’s ruling pending the appeal.

This week, a federal judge in Kentucky ruled that the state must honor same-sex marriages legally performed in other states, but the ruling did not address Kentucky’s own ban on such marriages.

If the Court of Appeals upholds Thursday’s decision, the repercussions in the South could be wide. Similar amendments limiting marriage to a man and a woman would most likely be voided in other states of the Fourth Circuit, including North Carolina, South Carolina and West Virginia. (Maryland, the fifth member, approved same-sex marriage in 2012.)

But many legal experts believe that this case, or another among the dozens now being argued in federal district or appeals courts around the country, will eventually be taken up by the United States Supreme Court.

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