kiironobara
(?)Community Member
Offline
- Posted: Mon, 28 Jul 2014 23:42:19 +0000
Appeals court upholds decision overturning Virginia’s same-sex marriage ban
A federal appeals court panel on Monday upheld a decision that said Virginia’s ban on same-sex marriage is unconstitutional.
By a 2 to 1 vote, a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond said that the fundamental right to marry is guaranteed under the Constitution regardless of sexual orientation.
“We recognize that same-sex marriage makes some people deeply uncomfortable,” said Circuit Judge Henry F. Floyd. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”
Floyd was joined by Circuit Judge Roger L. Gregory.
Their colleague Paul V. Niemeyer dissented and called the ruling “fundamentally flawed.”
“It fails to take into account that the ‘marriage’ that has long been recognized by the Supreme Court as a fundamental right is distinct from the newly proposed relationship of a ‘same-sex marriage.’ ” he wrote.
The ruling upholds a decision by District Judge Arenda L. Wright Allen. It won’t take effect for 21 days to allow for a request for a rehearing or a stay.
The Virginia case is unusual because state Attorney General Mark R. Herring (D) announced shortly after taking office this year that he agreed with the challengers that the state’s restrictions are unconstitutional.
The laws are being defended by Norfolk circuit clerk George Schaefer III, who denied a marriage license to two of the challengers, and Prince William circuit clerk Michele McQuigg, who is being represented by Nimocks’s group, which also is defending other state bans.
The ruling make the 4th Circuit the second appeals court to decide that state bans are unconstitutional following the Supreme Court June 2013 rulings in favor of gay rights groups in June. The U.S. Court of Appeals for the 10th Circuit in Denver has struck down bans in Utah and Oklahoma.
Virginia Gov. Terry McAuliffe (D) applauded the court’s ruling and praised Herring for refusing to defend the ban, a move that helped define the attorney general as an advocate for Democratic causes.
“This is a historic ruling for our Commonwealth, and its effect will affirm once again that Virginia is a state that is open and welcoming to all,” McAuliffe said in a statement. “I want to thank Attorney General Mark Herring for his leadership in this case, and all of the men and women who fought for years to make this day a reality. Progress does not always come as quickly as we hope it will, but today is yet another example of how justice, equality and the people who fight for those values will always persevere in the end.”
Other same-sex marriage proponents noted that the Fourth Circuit is simply the latest court to join a critical mass of states, including Oklahoma last week, to clear barriers to marriage equality.
“The Fourth Circuit has affirmed that equality is not just a California value, or a New York value – it’s a fundamental American value,” said Chad Griffin, president of the Human Rights Campaign. “No state should have the right to enforce this type of discriminatory amendment that singles out thousands of loving couples for unfair treatment, simply because they are gay or lesbian. As we’ve seen with an undefeated string of federal court rulings over the last year from judges appointed by both Democrats and Republicans, the U.S. Constitution is on the side of equality and justice for all Americans – not just some.”
Gay marriage opponents noted that 57 percent of Virginia voters supported a 2006 amendment defining marriage as between a man and a woman.
“Virginia’s laws have always rightly reflected the true and complementary nature of marriage,” said Victoria Cobb, president of The Family Foundation of Virginia. “It’s unfortunate that the court rejected the right of Virginians to define marriage consistent with their concern with what’s best for children and society as a whole. It’s sad that the judges have chosen to disenfranchise the 1.3 million Virginians who legally voted to amend our constitution.”
A federal appeals court panel on Monday upheld a decision that said Virginia’s ban on same-sex marriage is unconstitutional.
By a 2 to 1 vote, a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond said that the fundamental right to marry is guaranteed under the Constitution regardless of sexual orientation.
“We recognize that same-sex marriage makes some people deeply uncomfortable,” said Circuit Judge Henry F. Floyd. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”
Floyd was joined by Circuit Judge Roger L. Gregory.
Their colleague Paul V. Niemeyer dissented and called the ruling “fundamentally flawed.”
“It fails to take into account that the ‘marriage’ that has long been recognized by the Supreme Court as a fundamental right is distinct from the newly proposed relationship of a ‘same-sex marriage.’ ” he wrote.
The ruling upholds a decision by District Judge Arenda L. Wright Allen. It won’t take effect for 21 days to allow for a request for a rehearing or a stay.
The Virginia case is unusual because state Attorney General Mark R. Herring (D) announced shortly after taking office this year that he agreed with the challengers that the state’s restrictions are unconstitutional.
The laws are being defended by Norfolk circuit clerk George Schaefer III, who denied a marriage license to two of the challengers, and Prince William circuit clerk Michele McQuigg, who is being represented by Nimocks’s group, which also is defending other state bans.
The ruling make the 4th Circuit the second appeals court to decide that state bans are unconstitutional following the Supreme Court June 2013 rulings in favor of gay rights groups in June. The U.S. Court of Appeals for the 10th Circuit in Denver has struck down bans in Utah and Oklahoma.
Virginia Gov. Terry McAuliffe (D) applauded the court’s ruling and praised Herring for refusing to defend the ban, a move that helped define the attorney general as an advocate for Democratic causes.
“This is a historic ruling for our Commonwealth, and its effect will affirm once again that Virginia is a state that is open and welcoming to all,” McAuliffe said in a statement. “I want to thank Attorney General Mark Herring for his leadership in this case, and all of the men and women who fought for years to make this day a reality. Progress does not always come as quickly as we hope it will, but today is yet another example of how justice, equality and the people who fight for those values will always persevere in the end.”
Other same-sex marriage proponents noted that the Fourth Circuit is simply the latest court to join a critical mass of states, including Oklahoma last week, to clear barriers to marriage equality.
“The Fourth Circuit has affirmed that equality is not just a California value, or a New York value – it’s a fundamental American value,” said Chad Griffin, president of the Human Rights Campaign. “No state should have the right to enforce this type of discriminatory amendment that singles out thousands of loving couples for unfair treatment, simply because they are gay or lesbian. As we’ve seen with an undefeated string of federal court rulings over the last year from judges appointed by both Democrats and Republicans, the U.S. Constitution is on the side of equality and justice for all Americans – not just some.”
Gay marriage opponents noted that 57 percent of Virginia voters supported a 2006 amendment defining marriage as between a man and a woman.
“Virginia’s laws have always rightly reflected the true and complementary nature of marriage,” said Victoria Cobb, president of The Family Foundation of Virginia. “It’s unfortunate that the court rejected the right of Virginians to define marriage consistent with their concern with what’s best for children and society as a whole. It’s sad that the judges have chosen to disenfranchise the 1.3 million Virginians who legally voted to amend our constitution.”