On Monday, Virginia's ban on same-sex marriage was overturned by a three judge panel from the 4th U.S. District Court of Appeals in Richmond.
In a split decision, Judges Henry Floyd and Roger Gregory wrote: "We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws....The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual's life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance."
Dissenting Judge Paul Niemeyer said he thought that the decision to condemn or embrace same-sex marriage should be determined by the state, not the court.
Same-sex couples cannot begin marrying immediately. A temporary stay was issued to give the state time to decide if they will file an additional appeal.
Virginia Governor Terry McAuliffe (D) and Attorney General Mark Herring (D) both declined to defend Virginia's ban, leaving other state officials to make the case against same-sex unions. Governor McAuliffe said he was "overjoyed" with the court's decision.
For those keeping track, August is looking like a busy month for the 6th U.S. Circuit Court of Appeals which is scheduled to hear separate same-sex marriage cases in Michigan, Ohio, Kentucky and Tennessee.
Being an Ohioan, I am looking forward to next month...a lot.
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