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Virginia same-sex marriage decision will impact West Virginia

West Virginia is a step closer to permitting same-sex marriage following a decision by a federal appeals court. A three-judge panel of the U.S. 4th Circuit Court of Appeals has voted 2-1 to strike down Virginia’s gay marriage ban.

The court determined that prohibiting gays and lesbians from marrying violated their 14th Amendment rights.   “We recognize that same-sex marriage makes some people deeply uncomfortable,” the court said.  “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the law.”

The decision applies directly to the Virginia case, but the nature of the federal court system means West Virginia is bound to follow the 4th Circuit Court’s lead.  West Virginia is one of five states (along with Virginia, North Carolina, South Carolina and Maryland) in the 4th Circuit.

Monday’s ruling does not automatically overturn our state’s prohibition against gay and lesbian couples marrying, but it puts the state on a glide path toward that end.

The Commonwealth of Virginia will likely appeal the 4th Circuit’s decision, either to the full Court of Appeals or the U.S. Supreme Court.  In the meantime, the court may issue a stay while the appeals process runs its course.

Still, Monday’s decision will have a significant impact in West Virginia where District Court Judge Robert Chambers has a similar same-sex marriage case pending.  Chambers decided to hold off on a ruling until the Virginia case was decided.

Now that the 4th Circuit has ruled, Judge Chambers is bound to follow it.  Unless there’s something significantly different about the West Virginia case, Chambers will make his ruling coincide with his superiors in Richmond.

That means West Virginia state law 48-2-104(c) requiring that every marriage license application must contain the statement, “Marriage is designed to be a loving and lifelong union between a woman and a man (emphasis added)” will be ruled unconstitutional.

The court fights over same-sex marriage, like the ones in West Virginia and Virginia, are going on all across the country. The Virginia decision is at least the 22nd consecutive case where proponents of gay marriage have prevailed in state and federal courts.

As always, individuals must follow their own conscience and values when making up their minds about same-sex marriage, but it’s becoming increasingly apparent that the law is on the side of affording gays and lesbians the same opportunity as straight couples to, as the 4th Circuit said, “celebrate and publicly declare their intentions to form lifelong partnerships.”

 





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