Lawsuit filed against West Virginia’s same-sex marriage ban

HUNTINGTON, W.Va. — Three same-sex couples from West Virginia are challenging the state’s ban on marriages for gay men and lesbians with the help of a national gay rights organization.

On Tuesday, Lambda Legal filed a lawsuit in Huntington Federal Court on behalf of Casie McGee and Sarah Adkins of Huntington, Justin Murdock and Will Glavaris of Huntington and Nancy Michael and Jane Fenton of St. Albans along with their son, Drew.

“Those are the litigants that need the protections of marriage.  Families, couples, they’re the ones that need those protections,” said Casey Willits, executive director of Fairness West Virginia which is supporting the Lambda Legal lawsuit.

West Virginia’s Defense of Marriage Act defines marriage as between one man and one woman.

The lawsuit claims the law unfairly discriminates against same-sex couples and their children and, by doing so, makes them “second class citizens” because they are not allowed the benefits that come with legal marriages.

“We need the protection that marriage affords,” said plaintiff Michael, 45, in a statement.  She has been with Fenton, 46, for 16 years.  Together they are raising six-year old Drew, who is also a plaintiff.

“We have done everything we can do to protect and take responsibility for our family, but we worry all the time that isn’t enough,” she said.

A recent poll from Public Policy Polling showed 70 percent of West Virginians oppose gay marriage.

Willits, though, said, at the same time, the poll showed indicated there is support for legal protections for same-sex couples.  “All those partner recognitions, all those protections that are denied, those are things that West Virginians actually support when they know the harms that are caused,” said Willits.

“We think the support for recognizing these relationships, and giving them those protections, is only going to grow,” he said.  Willits was a guest on Tuesday’s MetroNews “Talkline.”

Lambda Legal filed a similar lawsuit last month challenging Virginia’s ban on gay and lesbian marriages.





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