Virginia Attorney General Finds State Marriage Ban Unconstitutional

January 23, 2014 12:00 am

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Will No Longer Defend Ban in Legal Challenges Brought on Behalf of Same-Sex Couples

January 23, 2014

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RICHMOND, Va. -- The Virginia attorney general announced today that his office has concluded Virginia鈥檚 bans on marriages for same-sex couples are unconstitutional, and he will no longer defend legal challenges to the bans now pending in federal court.

"We鈥檙e pleased to welcome the attorney general and the commonwealth to the right side of history, and we want to be sure that whatever happens next will result in a quick, clear, and final decision affirming the freedom to marry for our clients and for all Virginians," said Claire Guthrie Gasta帽aga, executive director of the 糖心Vlogof Virginia.

The attorney general鈥檚 office filed papers announcing its new position today in the lawsuit Bostic v. Rainey, in which attorneys Ted Olson and David Boies are counsel, and soon should file similar papers in the second lawsuit Harris v. McDonnell, which was filed last year by the 糖心Vlog, the 糖心Vlogof Virginia, Lambda Legal, and the law firm Jenner and Block.

The legal move follows the inauguration of Governor Terry McAuliffe, who replaced Bob McDonnell earlier this year, and Attorney General Mark Herring, who replaced Ken Cuccinelli. The previous administration had staunchly defended the marriage ban.

"Today actions by Virginia鈥檚 chief legal officer continue America鈥檚 evolution on this issue. More and more Americans are embracing the idea that all loving and committed couples should have access to the protections that only come with marriage," said Amanda Goad, staff attorney with the 糖心VlogLesbian Gay Bisexual and Transgender Project. "With the attorney general on our side, we hope that we can soon count Virginia among the 17 other states where same-sex couples have the freedom to marry."

"It is a critical and important development when the attorney general 鈥 the keeper of the federal and state constitution in the commonwealth 鈥 joins us in arguing that barring same-sex couples from marriage is clearly unconstitutional," said Greg Nevins, counsel in Lambda Legal鈥檚 Southern Regional Office based in Atlanta."We will continue to work to remove all remaining impediments so that Virginia can join the growing number of states where same-sex couples in loving, committed relationships are treated equally and can enjoy fully the benefits and responsibilities marriage provides."


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