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Thursday, February 13, 2014

Virginia Is for Lovers: Federal Judge Strikes Down VA Gay Marriage Ban

Posted by on Thu, Feb 13, 2014 at 9:54 PM

Connie Stewart at the LA Times writes:

A federal judge in Virginia invalidated the state's ban on same-sex marriage late Thursday but stayed her ruling pending appeal.

It was the latest victory for advocates of gay marriage: A day earlier, a federal judge struck down part of Kentucky's same-sex marriage ban, joining a string of similar rulings in conservative states that have put the future of the country's remaining bans in doubt.

U.S. District Judge Arenda L. Wright Allen's decision opens with a quote from Mildred Loving, made on the 40th anniversary of Loving v. Virginia:

We made a commitment to each other in our love and lives, and now had the legal commitment, called marriage, to match. Isn't that what marriage is? ...I have lived long enough now to see big changes. The older generation's fears and prejudices have given way, and today's young people realize that if someone loves someone they have a right to marry. Surrounded as I am now by wonderful children and grandchildren, not a day goes by that I don't think of Richard and our love, our right to marry, and how much it meant to me to have that freedom to marry the person precious to me, even if others thought he was the "wrong kind of person" for me to marry. I believe all Americans, no matter their race, no matter their sex, no matter their sexual orientation, should have that same freedom to marry. Government has no business imposing some people's religious beliefs over others. ...I support the freedom to marry for all. That's what Loving, and loving, are all about.

And it ends:

Justice has often been forged from fires of indignities and prejudices suffered. Our triumphs that celebrate the freedom of choice are hallowed. We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.

Almost one hundred and fifty four years ago, as Abraham Lincoln approached the cataclysmic rending of our nation over a struggle for other freedoms, a rending that would take his life and the lives of hundreds of thousands of others, he wrote these words: "I can not have failed to strike you that these men ask for just ...the same thing—fairness, and fairness only. This, so far as in my power, they, and all others, shall have."

The men and women, and the children too, whose voices join in noble harmony with Plaintiffs today, also ask for fairness, and fairness only. This, so far as it is in this Court's power, they and all others shall have.

Well, holy shit. Happy Valentine's Day, everybody!


Comments (11) RSS

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seatackled 1
I would also like to thank Seattleblues in advance for the entertaining comments, assuming it's not already past bedtime.
Posted by seatackled on February 13, 2014 at 10:01 PM · Report this
I find myself hoping that the timing was not accidental.

(I'm a sucker for sentimentality at times like these.)

I hope the asswipes at FRC, NARTH and the other shithead organizations that filed amici briefs in support of reinstating Utah's bigoted anti-equality amendment are looking at this decision and dying inside.

I suppose it's not nice to wish other people unhappiness, but... well, karma. Eat that, motherfuckers!
Posted by Brooklyn Reader on February 13, 2014 at 10:38 PM · Report this
: )

Posted by Machiavelli was framed on February 13, 2014 at 11:48 PM · Report this
rob! 4
Ninth Circuit rules "California must allow law-abiding citizens to carry concealed firearms in public, a federal appeals court ruled Thursday, striking down the core of the state's permit system for handguns."

Happy Valentine's Day, young lovers. Don't forget to shoot first.
Posted by rob! on February 14, 2014 at 12:09 AM · Report this
in DC you have NO RIGHT TO REPRESENTATION in the senate or congress. Ditto, Puerto rico. it's six million people. why do we get to vote for reps to make laws over them, and they don't? can they cite this decision's profound legal reasoning -- in the quote above, it's summarized as "hey it's unfair!" which it is -- and get a judge to order equal voting rights for all us citizens and persons over which we rule? or, do we have conquered people in Puerto rico and second class citizens in DC when it comes to voting right? sometimes people in America get more angry about the name of their football team than the fact they are legally second class, back of the bus type "citzens" -- good enough to draft and tax, but not good enough to merit representation somehow.

are we better than them, is that the justification?

all for gay marriage equality, all for no bad voter id laws, all for making Yakima have Hispanic or latino representation, but at some point we have to deal with the six million people in dc and Puerto rico totally lacking in federal representation. it's quite unfair.
Posted by in other unfairness news on February 14, 2014 at 1:33 AM · Report this
Fifty-Two-Eighty 6
@4, this decision is the fruition of years and years of work, and, much like the march towards gay marriage, sets up a series of domino's that will continue falling all the way to the Supreme Court. Thanks for yet another reminder that rights are not determined by popular opinion (even though gun rights has considerably more popular support than gay marriage).
Posted by Fifty-Two-Eighty on February 14, 2014 at 1:48 AM · Report this
rob! 7
@5280, you'll have noted in the link I provided @4 the prominent photo of Judge Richard Kramer, who received death threats after he invalidated Prop. 22 (the forerunner of Prop. H8).
Posted by rob! on February 14, 2014 at 4:10 AM · Report this
@4 - did you even read the article or just link with an ominous description for effect? The ruling doesn't circumvent the permit process and allow for carte blanch carrying of weapons, an individual still has to apply for a permit and be "of good moral character", whatever that means.
Posted by ultrasuedecushion on February 14, 2014 at 6:20 AM · Report this
Original Andrew 9
A whole legion of screeching, orc-like, hate-KKKrayzed, cross-eyed, hair-pulling, apoplectic, Confederate neo-fascist, right-wing submorons is gonna be bouncing off their padded walls today. Sales of guns and lube are gonna go through the roof.
Posted by Original Andrew on February 14, 2014 at 7:19 AM · Report this
rob! 10
@8: Yep.
@9: Probably.
Posted by rob! on February 14, 2014 at 7:37 AM · Report this
Dr. Z 11
Yes, Virginia, there is an Due Process Clause.
Posted by Dr. Z on February 14, 2014 at 9:41 AM · Report this

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