Federal Judge Strikes Down Same-Sex Marriage Ban in Virgina

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Federal Judge Arenda Wright Allen ruled that Virginia’s ban on same-sex marriage was unconstitutional Thursday night.

Attorney General Mark Herring (D) announced the federal judge’s ruling, which strikes down Virginia’s ban on same-sex marriage, at a news conference in Richmond Friday morning. According to the Richmond Times-Dispatch, Herring called the judge’s ruling, “yet another step forward ensuring that all Virginians are treated equally under the law.”

Herring announced last month that he would not defend Virginia’s ban on same-sex marriage; he compared the discrimination against same sex couples to other regrettable legislation in Virginia's history, such as the ban on interracial marriage.

However, Virginia’s ban on same-sex marriage was being defending in court by other Virginians, including Prince William County’s Judge Michele B. McQuigg.

Despite the win for same-sex equality, Herring said that he is not recommending Virginia perform any same-sex marriage ceremonies until the legality of the new ruling is cemented.

In response to the news, Virginia Democratic elected officials demonstrated support for Herring’s announcement.

On Twitter, Governor Terry McAuliffe (D) wrote, “Virginia must be open & welcoming to all, no matter their backgrounds or whom they love.”

Gerry Connolly wrote on Twitter, “Judge Arenda Wright Allen’s decision yesterday is another important step towards equality for all Virginians.”

But not every elected official was in agreement. Del. Bob Marshall (R) of the 13 District (Prince William) is the author of the marriage ban amendment to the Virginia Constitution following a 2006 referendum.

On his delegate webpage today, Marshall clearly demonstrated where he stands on the issue of same-sex marriage.

“The decision issued by federal district Judge Wright-Allen appropriately issued in the cover of darkness is a syllabus of errors, a compendium of ineptitude, and a farce claiming authority. Legislating through the Courts against the will of the people is lawless disregard for our representative form of government.”

Marshall included a list of reasons that Wright-Allen was in error in her ruling. Included on the list was the assertion that her ruling “equates the centuries long struggle of Americans of African descent in this country with the life shortening and health compromising behaviors associated with the LGBT lifestyle, and that she, “has pretensions to know more about marriage than Moses and Christ.”

Incidentally, Marshall just announced last week that he would run for Frank Wolf’s Congressional seat against fellow Republican Barbara Comstock (Fairfax).

But while Marshall has always been a fierce advocate of traditional conservative values, most Virginia Republicans have chose not to release a statement on the issue. Perhaps this is indication the tide is turning.

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