mostlycloudy
Saturday August 1st, 2015 12:17PM

Va. AG's office: Gay marriage ban unconstitutional

By The Associated Press
RICHMOND, Va. (AP) -- Following a seismic political shift in Virginia's top elected offices, the new attorney general has concluded that the state's ban on gay marriage is unconstitutional and he will no longer defend it in federal lawsuits, his office said Thursday.

Virginia, widely considered a battleground state in the nationwide fight to grant same-sex couples the right to wed, will instead side with the plaintiffs who are seeking to have the ban struck down, a spokesman for Attorney General Mark Herring said in an email to The Associated Press.

"After a thorough legal review of the matter, Attorney General Herring has concluded that Virginia's current ban is in violation of the U.S. constitution and he will not defend it," spokesman Michael Kelly wrote.

Herring, a Democrat who campaigned in part on marriage equality, planned to file a brief Thursday morning with the federal court in Norfolk, where one of the lawsuits is being heard, as notification of the state's change in position in the case, Kelly said.

The state's shift comes on the heels of court rulings in which federal judges struck down gay marriage bans in Utah and Oklahoma.

The lawsuits in Virginia say the state's ban violates the Constitution's equal protection and due process clauses.

With the election of Democrats Terry McAuliffe as governor and Herring as attorney general, Virginia made a hairpin turn away from the socially conservative officeholders they succeeded, particularly Republican Attorney General Ken Cuccinelli, an activist on social issues such as abortion and gay marriage. McAuliffe issued an executive order on inauguration day prohibiting discrimination against state employees who are gay.

Virginia voters approved the same-sex marriage ban 57 percent to 43 percent in 2006. But a Quinnipiac University poll in July found that 50 percent of registered Virginia voters support same-sex marriage, while 43 percent oppose it. The survey's margin of error was plus or minus 3.1 percentage points.

Proponents of striking down the state's ban say the issue resonates in Virginia in particular because of a landmark 1967 U.S. Supreme Court decision involving a Virginia couple and interracial marriage.

Mildred and Richard Loving had been married in Washington, D.C., and were living in Virginia when police raided their home in 1958 and charged them with violating the state's Racial Integrity law. They were convicted but prevailed before the Supreme Court.

The legal costs in the Norfolk case are being paid for by the American Foundation for Equal Rights, which was behind the effort to overturn California's gay marriage ban.

David Boies and Theodore B. Olson, the high-profile legal tandem that brought down California's prohibition on same-sex marriage, lead the legal team in that challenge. Both cited Virginia's history when they announced their challenge.

"This case is about state laws that violate personal freedoms, are unnecessary government intrusions, and cause serious harm to loving gay and lesbian couples," Olson had said.

The Norfolk lawsuit's plaintiffs are two couples: Timothy Bostic and Tony London, and Carol Schall and Mary Townley. Bostic and London applied for a marriage license with the Norfolk Circuit Court Clerk's office in July 2013, but their application was denied.

Bostic and Schall were legally married in California in 2008. They have a daughter, whom Schall gave birth to in 1998, but Bostic can't adopt her because Virginia law doesn't allow same-sex couples to adopt children, according to the lawsuit.

The lawsuit argues that Virginia law stigmatizes gay men and lesbians, along with their children and families, because it denies them the same definition of marriage afforded to opposite-sex couples.

In that state General Assembly, Democratic legislators are still widely outnumbered in the House of Delegates, but they have been emboldened by the shift away from a reliably conservative state. They took immediate aim at the state's ban on gay marriage, but proposed constitutional amendments face a long road. The earliest voters could see a proposed amendment is in 2016.
© Copyright 2015 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 7 months ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 7 months ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 7 months ago )
U.S. News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 7 months ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 7 months ago )
Local/State News
Committee leaves transportation funding to lawmakers
Georgia will have to cover a $1 billion to $1.5 billion transportation funding gap to stay economically competitive, a committee of lawmakers is warning in a report issued Tuesday.
5:36AM ( 7 months ago )
US off war footing at year's end, but wars go on
Taking America off a permanent war footing is proving harder than President Barack Obama may have suggested.
6:13PM ( 7 months ago )
GOP leader regrets talk to white supremacists; party leaders rally around him
House Republican leaders rallied around one of their own, Whip Steve Scalise, on Tuesday after he said he regrets speaking 12 years ago to a white supremacist organization and condemns the views of such groups.
6:08PM ( 7 months ago )
Politics
Judge blocks release of new recordings by anti-abortion group
SAN FRANCISCO (AP) — A federal judge on Friday blocked the release of any recordings made at meetings of an abortion providers' association by an anti-abortion group that previously revealed secretly...
8:30AM ( 3 hours ago )
Firefighter killed battling blaze in California forest
ALTURAS, Calif. (AP) — A U.S. Forest Service firefighter from South Dakota has been killed battling one of more than a dozen wildfires raging across California, Forest Service officials said Friday ni...
12:31AM ( 11 hours ago )
Clinton releases tax, health records on busy Friday
WASHINGTON (AP) — Hillary Rodham Clinton and her husband paid close to $44 million in federal taxes since 2007 and she is in "excellent physical condition" — two facts that emerged Friday in a flood o...
7:59PM ( 16 hours ago )
Dozens of Clinton emails censored for security reasons
WASHINGTON (AP) — Dozens of emails that traversed Hillary Clinton's private, unsecure home server contain national security information now deemed too sensitive to make public, according to the latest...
5:54PM ( 18 hours ago )
Not guilty plea in federal court for church shooting suspect
CHARLESTON, S.C. (AP) — The white man accused of gunning down nine parishioners at a black church in Charleston wants to plead guilty to 33 federal charges, but his lawyer said in court Friday that he...
2:30PM ( 21 hours ago )