Federal Judge Strikes Down Virginia Same-Sex Marriage Ban

The correct word is “unconstitutional.”

“Tradition is revered in the Commonwealth, and often rightly so. However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage,” Judge Arenda Wright Allen wrote in a 41-page opinion.

Ruling on a lawsuit brought by a gay couple who lives in Norfolk, Allen said the state’s prohibition on same-sex marriage could not be justified even under the most lax constitutional test for state actions: whether it had a “rational” connection to a legitimate state purpose. Her ruling will not immediately make marriage licenses available to same-sex couples in Virginia because she ordered that her decision be stayed pending an expected appeal.

“The Court is compelled to conclude that Virginia’s Marriage Laws unconstitutionally deny Virginia’s gay and lesbian citizens the fundamental freedom to choose to marry. Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country’s cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family,” the judge wrote.

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.