Before the movement for marriage equality began to gather steam Virginia, like a slew of other states, banned same sex-marriage either with laws or constitutional amendments or in the case of North Carolina, both.
For instance in 2006 through a referendum Virginians voted to amend their Constitution to outlaw same-sex marriage. Actually that amendment was rather sweeping, not only defining marriage as exclusively a union between a man and woman, but also prohibiting civil unions and all other contracts to “which is assigned the rights, benefits, obligations, qualities, or effects of marriage.”
But some of those states’ constitutional amendments and laws, following the U.S. Supreme Court’s 2013 opinion in U.S. v. Windsor, are looking increasingly vulnerable.
The Virginia ban was challenged last year on the grounds of violating the Due Process and Equal Protection Clauses of the 14th Amendment by two couples. Tim Bostic and Tony London have been together for 24 years. Carol Schall and Mary Townley have been together for 30 years. Even though Schall and Townley were legally wed in California, Virginia’s constitutional ban meant it would not recognize those same-sex marriages. The couples’ challenge to the constitutional amendment was considered in the District Court for the Eastern District of Virginia earlier this month.
Judge Arenda Wright Allen on Thursday found Virginia’s ban to subvert the U.S. Constitution’s Due Process and Equal Protection Clauses. In her ruling, Wright Allen wrote, “Gay and lesbian individuals share the same capacity as heterosexual individuals to form, preserve and celebrate loving, intimate and lasting relationships. Such relationships are created through the exercise of sacred, personal choices – choices, like the choices made by every other citizen, that must be free from unwarranted government interference.”