Virginia’s Same-Sex Marriage Ban Ruled Unconstitutional
Click here for reuse options!In a 2-1 decision in Bostic v. Schaefer, a panel of the Fourth Circuit has invalidated Virginia’s ban on same-sex marriage. The majority opinion was written by Judge Henry Floyd (an Obama nominee, but previously a George W. Bush choice for the district court) and joined by Judge Roger Gregory (Clinton nominee). It’s the second post-Windsor appellate court, after the Tenth Circuit, to strike down an exclusion of gay couples from marriage. Judge Paul Niemeyer (George H.W. Bush) dissented, the second appellate court judge to do so since Windsor. The case was argued by Ted Olson, who recently co-authored a book with David Boies about their challenge to Proposition 8.
The Fourth Circuit majority held that the ban violated gay couples’ fundamental right to marry. Specifically, the majority placed heavy reliance on both Windsor and Lawrence v. Texas as establishing the equal validity of gay couples’ intimate and relational choices:
Copyright 2014 Liberaland
By: Cheston Catalano
Cheston Catalano is a Kentucky-based journalist whose work has been featured in the Chattanooga Times Free Press and the Clarksville Leaf Chronicle. He is a long-time contributor to Liberaland.
39 responses to Virginia’s Same-Sex Marriage Ban Ruled Unconstitutional
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Carla Akins July 28th, 2014 at 17:34
And another falls.
Carla Akins July 28th, 2014 at 17:34
And another falls.
R.J. Carter July 28th, 2014 at 17:36
Does any state really think they can ban this and have it stand up?
Obewon July 28th, 2014 at 17:45
Nobody informed, no! But it’s a great divisive GOP fundraiser for the lo/no info voters still stuck in ideology from the pre Columbus ‘flat Earth’ middle ages.
R.J. Carter July 28th, 2014 at 17:36
Does any state really think they can ban this and have it stand up?
Obewon July 28th, 2014 at 17:45
Nobody informed, no! But it’s a great divisive GOP fundraiser for the low/no info voters still stuck in ideology from the pre Columbus ‘flat Earth’ middle ages.
Tommy6860 July 28th, 2014 at 17:38
Ahh, just get on with declaring every state that has these bigoted laws are unconstitutional and be done with it.
Eric Trommater July 28th, 2014 at 17:58
Mississippi just got around to legalizing inter racial marriage so that may take time.
Tommy6860 July 28th, 2014 at 18:08
I thought all of those bigoted laws were struck down in 1967 (Loving v. Virginia)?
Eric Trommater July 28th, 2014 at 18:11
Yeah and you would have thought Lawrence V. Texas would have struck down all the anti-sodomy laws but they are still there in many states too. Funny how things work in this country sometimes . . . or don’t work I should say.
Tommy6860 July 28th, 2014 at 17:38
Ahh, just get on with declaring every state that has these bigoted laws are unconstitutional and be done with it.
Eric Trommater July 28th, 2014 at 17:58
Mississippi just got around to legalizing inter racial marriage so that may take time.
Tommy6860 July 28th, 2014 at 18:08
I thought all of those bigoted laws were struck down in 1967 (Loving v. Virginia)?
Eric Trommater July 28th, 2014 at 18:11
Yeah and you would have thought Lawrence V. Texas would have struck down all the anti-sodomy laws but they are still there in many states too. Funny how things work in this country sometimes . . . or don’t work I should say.
Obewon July 28th, 2014 at 17:41
Another great day for Equality in Virginia!
And former (R-VA) Gov. McDonnell’s corruption & bribery scandal trial began with jury selection today for Guber Bob “and his Wife who arrived Separately.” http://www.wusa9.com/story/news/politics/2014/07/27/federal-corruption-trial-former-va-governor/13254943/
Bunya July 28th, 2014 at 22:29
Nothing would please me more than to see “transvaginal” Bpb go to jail.
Obewon July 28th, 2014 at 17:41
Another great day for Equality in Virginia!
And former (R-VA) Gov. McDonnell’s corruption & bribery scandal trial began with jury selection today for Guber Bob “and his Wife who arrived separately.” http://www.wusa9.com/story/news/politics/2014/07/27/federal-corruption-trial-former-va-governor/13254943/
Bunya July 28th, 2014 at 22:29
Nothing would please me more than to see “transvaginal” Bpb go to jail.
Eric Trommater July 28th, 2014 at 18:00
I am slightly less embarrassed to live here (he writes while stuck in traffic on a highway named after Jefferson Davis).
Eric Trommater July 28th, 2014 at 18:00
I am slightly less embarrassed to live here (he writes while stuck in traffic on a highway named after Jefferson Davis).
Nerzog July 28th, 2014 at 18:15
Stories like this give me hope for humanity.
mea_mark July 28th, 2014 at 18:48
Nice to see you here. I do miss your comments from MMfA. Hope you decide to drop by a little more often, you do have friends here. We like to beat back the trolls and make them disappear here too.
Nerzog July 28th, 2014 at 18:15
Stories like this give me hope for humanity.
mea_mark July 28th, 2014 at 18:48
Nice to see you here. I do miss your comments from MMfA. Hope you decide to drop by a little more often, you do have friends here. We like to beat back the trolls and make them disappear here too.
Chinese Democracy July 28th, 2014 at 18:18
and another one down.. another one down .. another one bites the dust!
Chinese Democracy July 28th, 2014 at 18:18
and another one down.. another one down .. another one bites the dust!
Republicans_are_Evil July 28th, 2014 at 18:51
Right wingers do not understand that their way of doing things is unconstitutional. They simply do not support our Constitution, despite the rhetoric.
Robert M. Snyder July 28th, 2014 at 19:48
Barack Obama, a constitutional scholar, ran for office and was elected on a platform that included support for traditional marriage, meaning one man and one woman. I guess he must have been a right winger, before he evolved.
OldLefty July 28th, 2014 at 19:59
He did not “run” on it.
And he allowed the will of the people to evolve, and he evolved with them as most Americans did.
So what?
jasperjava July 28th, 2014 at 20:01
2008 was a long time ago. Just as racial attitudes underwent a sea change in the 1960s, attitudes towards gay marriage also evolved quickly in the last six years.
When Obama came out in favor of equal marriage in 2011, that had a profound effect on spreading the idea. When the history of this movement is written, Obama will be seen as one of its heroes, not a bitter-ender hold-out.
Obewon July 28th, 2014 at 20:06
In 2013 SCOTUS mandated equal marriage recognition as the law of the land ending unconstitutional 5th & 10th amendment violations denying 2000+ equal marriage benefits. SCOTUS ended “unfair taxation without representation by married LGBT.”
Equal marriage expands family values that wingnuts used to banter about last century, before hypocrisy ended their social con scams.
Republicans_are_Evil July 28th, 2014 at 21:36
Obama certainly was never on the left.
Republicans_are_Evil July 28th, 2014 at 18:51
Right wingers do not understand that their way of doing things is unconstitutional. They simply do not support our Constitution, despite the rhetoric.
Robert M. Snyder July 28th, 2014 at 19:48
Barack Obama, a constitutional scholar, ran for office and was elected on a platform that included support for traditional marriage, meaning one man and one woman. I guess he must have been a right winger, before he evolved.
OldLefty July 28th, 2014 at 19:59
He did not “run” on it.
And he allowed the will of the people to evolve, and he evolved with them as most Americans did.
So what?
jasperjava July 28th, 2014 at 20:01
2008 was a long time ago. Just as racial attitudes underwent a sea change in the 1960s, attitudes towards gay marriage also evolved quickly in the last six years.
When Obama came out in favor of equal marriage in 2011, that had a profound effect on spreading the idea. When the history of this movement is written, Obama will be seen as one of its heroes, not a bitter-ender hold-out.
Obewon July 28th, 2014 at 20:06
In 2013 SCOTUS mandated equal marriage recognition as the law of the land ending unconstitutional 5th & 10th amendment violations denying 2000+ equal marriage benefits. SCOTUS ended “unfair taxation without representation by married LGBT.”
Equal marriage expands family values that wingnuts used to banter about last century, before hypocrisy ended their social con scams. Family Reasearch Council Founder George Rekers Has Company: The Top Ten Outed Right-Wing Homophobes. http://blogs.miaminewtimes.com/riptide/2010/05/unless_youve_spent_the_last.php
Republicans_are_Evil July 28th, 2014 at 21:36
Obama certainly was never on the left.
Federal Judge Florida’s Gay Marriage Ban Unconstitutional | Holes in the Foam August 25th, 2014 at 06:12
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