USA, Virginia: Marriage Equality Hearing Rescheduled for February 4th

Written by scott on January 31st, 2014

VirginiaThis week’s marriage equality hearing, which was postponed by a snowstorm, has been rescheduled for next week.

Equality on Trial reports:

The hearing in Bostic v. Rainey, one of the challenges to Virginia’s same-sex marriage in federal court, has been rescheduled and will now take place on Tuesday, February 4. The hearing was initially scheduled for January 30 but had to be postponed due to bad weather. The American Foundation for Equal Rights (AFER) joined the plaintiffs in the challenge, and the plaintiffs’ case will be argued by Ted Olson and David Boies.

In related news, the case was given class action status by the judge, so a ruling will apply to all VA couples.

Gay Star News reports:

The decision by a federal district court in Virginia extends the scope of those represented in the lawsuit. It now not only includes the two original couples named as plaintiffs but also all same-sex couples in the state who cannot legally marry or whose legal marriages performed elsewhere are not recognized in Virginia. ‘We want to be clear that we’re fighting for families across the state,’ said Claire Guthrie Gastanaga, executive director of the ACLU of Virginia which filed the lawsuit along with the American Civil Liberties Union, Lambda Legal and the law firm Jenner and Block.

The GOP is not sitting this one out – they’re pushing a bill in the house that would let them defend the law in court.

Joe.My.God reports:

Del C. Todd Gilbert’s measure, which will be on the House floor for a final vote Monday, includes an amendment by Del. Robert G. Marshall, R-Prince William [PHOTO]. The amendment would also give the House of Delegates, the state Senate or the entire General Assembly standing to file suit in federal court. “We do not want to end up in a position like the people of California who voted for Proposition 8 and were abandoned by their attorney general and their governor,” Marshall said. Del. Joseph D. Morrissey, D-Henrico, questioned the proposal’s constitutionality. “No state legislature can give itself such standing,” Morrissey said. “This bill cannot under any circumstance withstand a challenge in federal court. If you don’t want to embarrass yourselves, you will resist the temptation and move that finger from the green to the red,” he said.

Governor McAuliffe has promised to veto the bill.

So my take – it looks like it will be a positive decision, and the state government will not defend the ban after this court. If that’s the case, we could have permanent marriage equality in Virginia in the next few weeks. Am I wrong?

Find more articles and gay wedding resources in Virginia.

 

1 Comments so far ↓

  1. Rick Piland says:

    My husband and I were married in Washington DC in 2010 and we live in Virginia. I am a life long resident of The Commonwealth and it sure will be great to be legal in my home state.

Leave a Comment