US court: Va. gay marriage ban unconstitutional, could impact W.Va.
RICHMOND, Va. — A federal appeals court ruled Monday that Virginia's same-sex marriage ban is unconstitutional, the latest in a string of decisions overturning bans across the country and one that could have direct impact on a pending case in southern West Virginia.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond ruled that state constitutional and statutory provisions barring gay marriage and denying recognition of such unions performed in other states violate the U.S. Constitution. The Virginia gay marriage case is one of several that could go to the U.S. Supreme Court.
It was not immediately clear if or when the state would need to begin issuing marriage licenses to same-sex couples.
U.S. District Judge Robert C. Chambers, in June, postponed any ruling concerning a challenge to West Virginia's ban on same-sex marriage until the appeals court in Virginia announced its decision.
Chambers then stated the two cases had overlapping issues. It was unclear Monday afternoon when Chambers would act.
Virginia's same-sex marriage bans "impermissibly infringe on its citizens' fundamental right to marry," Judge Henry F. Floyd wrote in the court's opinion.
In February, U.S. District Judge Arenda Wright Allen ruled that Virginia's same-sex marriage ban violates the U.S. Constitution's equal protection and due process guarantees. Lawyers for two circuit court clerks whose duties include issuing marriage licenses appealed. Attorney General Mark Herring, representing a state official also named as a defendant, sided with the plaintiffs.
"Marriage is one of the most fundamental rights — if not the most fundamental right — of all Americans," David Boies, an attorney for the plaintiffs, said in a statement. "This court has affirmed that our plaintiffs — and all gay and lesbian Virginians — no longer have to live as second-class citizens who are harmed and demeaned every day."
Gay marriage proponents have won more than 20 legal decisions around the country since the U.S. Supreme Court last year struck down a key part of the federal Defense of Marriage Act. Those rulings remain in various stages of appeal.
More than 70 cases have been filed in all 31 states that prohibit same-sex marriage. Nineteen states and the District of Columbia allow such marriages.
The local lawsuit, filed Oct. 1, 2013, in Huntington, argues clerks in Kanawha and Cabell counties violated the 14th Amendment right to due process and equal protection in denying a request for marriage licenses brought by three same-sex couples.The Virginia lawsuit was filed by Timothy Bostic and Tony London of Norfolk, who were denied a marriage license, and Carol Schall and Mary Townley of Chesterfield County. The women were married in California and wanted their marriage recognized in Virginia, where they are raising a 16-year-old daughter.
Two other same-sex couples, Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester, filed a similar lawsuit in Harrisonburg and were allowed to intervene in the case before the appeals court.
In 2006, Virginians voted 57 percent to 43 percent to approve the constitutional amendment banning gay marriage. Virginia laws also prohibit recognition of same-sex marriages performed in other states.
Virginia's decision could affect similar prohibitions in West Virginia, North Carolina and South Carolina, which also are in the 4th Circuit. Maryland, also in the circuit, is one of 17 states that allow gay marriage.