Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Tuesday, February 18, 2014

Virginia's Gay Marriage Ban Ruled Unconstitutional

RingsAs I have previously discussed, multiple cases have been filed in Virginia federal courts with plaintiffs seeking to end the state ban on gay marriage. Timothy B. Bostic and Tony C. London are a same-sex couple wishing to be married in Virginia but are unable to due to Virginia’s ban on gay marriage. Bostic and London filed suit in July 2013, seeking declaratory and injunctive relief, against former Governor Robert F. McDonnell, former Attorney General Kenneth T. Cuccinelli, and Clerk of Court for Norfolk Circuit Court George E. Schaefer III. Bostic and London later amended their complaint, which removed the former Governor and the former Attorney General as defendants, added State Registrar of Vital Records Janet Rainey as defendant, and added plaintiffs Carol Schall and Mary Townley.

In Bostic v. Rainey, U.S. District Judge Arenda Wright Allen struck down Virginia’s gay marriage ban, and ruled that the ban violated the couples’ constitutional right to marry. Allen ordered that Virginia could no longer enforce the ban, but stayed the injunction until the case is decided on appeal.

See Anne Youderian, Virginia Judge Strikes Down Gay Marriage Ban, Courthouse News Service, Feb. 14, 2014.

Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this article to my attention.


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