Federal Judge Strikes Down Virginia's Same-Sex Marriage Ban

We reported on Monday that a class action lawsuit aimed at taking down Virginia’s ban on same-sex marriage had been certified in District Court (Virginia Gay Marriage Suit Certified As Fed. Benefits Extended). Well, sometimes things move quickly – yesterday night, a federal judge struck down the ban, declaring it unconstitutional and setting the scene for some serious disputes in the upcoming weeks. Judge Arenda L. Wright Allen of United States District Court for the Eastern District of Virginia, in Norfolk made the ruling to overturn the state’s 2006 ban on same-sex marriage knowing full well that it would be appealed, and has already blocked the decision from taking effect until after all appeals are heard. It’s a sure thing that appeals will be lodged – opponents of the ruling, which has been expected since the case was brought to court last week, have already vowed to appeal the decision to the United States Court of Appeals for the Fourth Circuit.

The impact of this ruling could be felt throughout the southern United States.

As such, same-sex marriage remains illegal in Virginia, with the 2006 ban still in place. Judge Allen’s caution is understandable; the impact of this ruling could be felt throughout the southern United States, where similar arguments are going on in courts in Kentucky, North Carolina, South Carolina, and West Virginia. Earlier this week, Kansas lawmakers approved a bill that made it legal to deny goods or services to same-sex couples on religious grounds – though it seems unlikely that this will stand up against federal moves to guarantee same-sex rights throughout the United States.

Yesterday’s decision also requires Virginia to recognize same-sex marriages carried out in other states. Twenty-one states now recognize either same-sex marriage, civil unions, domestic partnerships, or are on track to legalize some form of same-sex partnership.

It’s entirely possible that, following an appeal, Virginia’s case could be heard by the U.S. Supreme Court. Dozens of similar suits are already being heard in courts throughout the country, and the Supreme Court will eventually have to take a stand. The Court’s overturning of the Defense of Marriage Act last year, and the ongoing extensions of benefits to same-sex couples, have made it clear that the federal government is firmly behind same-sex rights. However, the Supreme Court has never ruled on the basic issue of whether the Constitution allows states to limit same-sex couples’ right to marry.

In her ruling yesterday, Judge Allen made her views clear: “Our Constitution declares that ‘all men’ are created equal. Surely this means all of us.”