Federal judge strikes down Va. ban on gay marriage
By Robert Barnes
February 14, 2014 - The Washington Post
A federal judge in Norfolk struck down
Virginiafs ban on same-sex marriage Thursday night, saying it violates the
constitutionfs guarantee of equal protection.
U.S. District Judge Arenda L. Wright Allen stayed her decision so that it can
be appealed, so same-sex marriages in the commonwealth will not begin
immediately. Virginia Attorney General Mark R. Herring (D), who had switched the
statefs legal position on the issue and joined two gay couples in asking the ban
be struck down, has said the state will continue to enforce the ban until the
legal process is over.
gGay and lesbian individuals share the same capacity as heterosexual
individuals to form, preserve and celebrate loving, intimate and lasting
relationships,h Wright Allen wrote. gSuch relationships are created through the
exercise of sacred, personal choices—choices, like the choices made by every
other citizen, that must be free from unwarranted government interference.h
Wright Allen opened her decision with a quote from Mildred Loving, who was at
the center of the Virginia case that the Supreme Court used in 1967 to strike
down laws banning interracial marriage.
Wright Allen added: 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 Virginiafs ban on interracial
marriage.