CHARLESTON, W.Va. – No immediate changes to West Virginia’s ban on same-sex marriages are expected despite this week’s decision from the U.S. 4th Circuit Court of Appeals to strike down Virginia’s ban on such unions.

West Virginia is part of the 4th Circuit, which is based in Richmond, Va. and challenges to the law in the Mountain State from three same-sex couples are pending in front of U.S. District Judge Robert C. Chambers in Huntington Federal Court.

“(Chambers) has to follow the Constitutional principles that were set forth by the 4th Circuit Court of Appeals,” said George Carenbauer, a Charleston attorney and former state Democratic Party chair.

“It is very sweeping,” Carenbauer said of the 2-1 ruling that found gay couples have a right to marry. “It’s on federal Constitutional grounds. It says a state may not ban same-sex marriage. That’s the principle that is there and it’s a very clear principle. It’s not ambiguous at all.”

Allen Whitt, president of the Family Policy Council of West Virginia, said gay marriage is not a rights issue.

“There is no right for a man who has sex with a man or a woman who has sex with a woman to be married. There’s no Constitutionally protected right for that,” Whitt said.

He said Monday’s ruling is an example of how the judiciary is becoming politicized. “What it is is a step forward for our opponents that are concerned about pushing a same-sex marriage agenda onto the people when they’ve not been able to change the minds of the people, as a whole,” Whitt said.

Both Carenbauer and Whitt were guests on Tuesday’s edition of MetroNews “Talkline.”

Supporters of Virginia’s ban on same-sex marriages have 21 days to file an appeal on Monday’s decision with the full 4th Circuit or with the U.S. Supreme Court.

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Comments

  • Steve

    well we've already got a Governor who believes its ok to take the life of a 6 month old unborn child so nothing surprises me--among the Democrats that is......

  • MOCO man

    I think the only State that should allow gay marriage is California........because that dump is so screwed up that it would be hard to screw it up any worse.......seal all of the whacked out liberals in California and seal it off so they can't continue contaminating and ruining our once great nation.......

  • Sharon T.

    Ya know, your probably right, "starving" a child is exactly the same as you marrying the same sex. Wow! That does sound "logical", and if you read one key point you tried to make, "their baby". How many children can you and your " life partner" conceive? Come on now.

  • Voter

    Why is WV part of the 4th circuit out of Richmond? I thought we cut ties back in 1863.

  • WestByGod

    One thing that WV still has going for it!!!

  • MK

    "There’s no Constitutionally protected right for that,”. This is so typical of an argument with no basis in fact. Courts all over the land, judges more knowledgeable of the Constitution than Mr. Whitt are saying same sex marriage IS Constitutionally protected. The plan here is to say something enough times that people believe it, regardless of its' veracity. Just because you think it, or say it, does not make it so. Mr. Whitt, what makes you think same sex marriage is NOT Constitutionally protected?

    • Don Smith

      Do I have the legal right to call myself an astronaut? If we call homosexual relationships marriage, why not? The point is that "same-sex marriage" is not marriage by any reasonable definition. And by the way, is "trans-species marriage" okay too and a Constitutional right?May my relationship with the family dog (which we all love) be granted status of marriage. The point is NOT that Christians challenge the notion of homosexual marriages on religious grounds,. Rather that the idea is simply nonsensical.

  • Steve

    Beliefs in god have should have nothing to do with the laws. There is a freedom of and from religion in our country as well as a clear separation of church and state. Gay marriage does not interfere with the rights of other citizens; thus there is no reason for its illegality.

    • BIM Job

      Where in the US Constitution does it speak of "freedom from religion" or "separation of church and state?" If people actually read the constitution they might realize a lot of the garbage we hear today and think is part of the constitution is actually stuff added by courts in their biased attempts to mold the constitution into what they think it should be.

  • Nick

    The old testament also says that people who drink will go to hell, so why aren't you protesting any restaurants that sell alcohol?

    It also says that a woman who is on her period is not allowed in a place of God, yet our daughters and wives go to church freely.

    I think that worse than anything else, it's bad that many of you pick and choose certain parts to get fired up about. I think the old testament is barbaric and should be banned. I think Jesus's teachings, however, should be taught in schools and spread around to everybody. Some may say I'm going to hell for that, but I feel confident that when I go to heaven and the lord sees that I have done nothing but spread Jesus's name and love my neighbors, he'll let me in.

  • George

    This is the problem now.The supreme court is what's sending this country straight to hell..Yea a lot of you liberal wackos don't like that word...I know nor the word sin.........but it is here to stay....

  • I'm a sinner

    I've got news for all of you that are calling out sin. You are all sinners. We are all sinners. These types of marriages would not be unions in the eyes of God only on the eyes of government. If it brings happiness to these folks then who are you to say they can't be happy! Let God be the judge of someone's sin or maybe look in the mirror and examine your own sin life. I am a Christian and I believe in The Lord's highest commandments- Love your God and love your neighbor as yourself.

  • MOCO man

    Our courts are an absolute joke.............they should be doing the right thing and stop the gay marriage crap. There are way more important issues our courts should be dealing with instead of wasting time trying to please a bunch of whacked out liberals......

  • Gary Karstens

    Oh here we go again with selectively pulling scriptures from the fairy tale book. YEESH!

    What does Jesus say about divorce in the book of Matthew??? I know....do you??? Should the government be in the business of granting divorces since Jesus decried it?!?!? Of course the Christians want divorce since HALF of the holier than thou crowd gets a DIVORCE EVERY YEAR!!!!! So it is ok for the fairy tale believers to cry out against homosexuality but file their divorce papers while they are doing it.

    These are the same people that trumpeted family-value bots like 5-time divorcee Vic Sprouse and the former preacher Mike Agnello.

    "Oh but divorce is not as bad as a sin......ooooohhhhhh"

    • Really?

      Is that the only argument you've got? Divorce is not even valid in this discussion! I agree it's not acceptable in the eyes of The Lord but at least you were in a Hetero relationship! Your insane! Hey how about all of us be gay and stop the existance of man!! You liberals are great!!! Thanks for the entertainment!

      • Gary Karstens

        It is more than valid. Are you kidding me on that point??? YEESH!

        The government issues divorces even though the Bible speaks out against it. Then why can't the government issue marriage certificates to me and my companion. I pay taxes, I follow the laws of the land, but I can't marry.

        And your great logic for divorce "at least they were in a Hetero relationship". I guess that trumps it all....a Hetero relationship. It is okay two Hetero couples starved their baby, but they were Hetero so that makes it a little better. Great logic! You talk about entertaining.....you neo-cons take the cake. YEESH!

  • John

    For those opposed to gay marriage, ask yourself one question. Why does the government have to be involved with any type of marriage at all?

    • Shawn H

      You hit the nail on the head! I believe being gay is a sin, but I also say that gov should not be in the marriage business. The court could end this by kicking gov out of marriage. Then, if you wanted to marry a pig and can find a church to do it, have at it. You stand before God and you answer for it.

  • BIM Job

    Hell will be full of homosexuals and all other unforgiven sinners. Let's stand up for what is right. God already clearly defined homosexuality as sin. Let's not be like Sodom and Gomorrah. Bet they all thought it would be okay to let the homosexuals do their own thing since they were not hurting anyone.

  • TruthTeller

    I pray that West Virginia does the right thing.
    God created marriage in the beginning. One man and one women. Why can't gay people just live together and be done with it. Leave our traditions alone!!! We tolerate them, but they don't want to tolerate people of faith. If you want to live in sin, it your decision but stop trying to destroy the holy things of the living God.
    West Virginia, do you want your state to be blessed or cursed it will be based on your decision to do what is right and just in God's eyes.