Marriage Equality Update: Valentine’s Day Edition

A federal judge has ruled against Virginia’s marriage ban on equal protection grounds:

U.S. District Judge Arenda L. Wright Allen – a President Obama appointee – found that Virginia’s constitutional amendment banning same-sex marriage, enacted by voters in 2006, violated the equal protection clause of the Fourteenth Amendment. She issued a stay on her ruling pending an appeal, meaning gay couples cannot get married in the state until a higher court makes its decision.

Shackford examines Allen’s argument:

In the ruling, Wright Allen rejects the argument that gay couples are trying to establish a new right. Marriage, she notes, is treated as a fundamental right … She goes on to invoke the Loving decision to reject the state’s marriage recognition ban on the grounds of upholding “tradition.” She rejects federalist arguments because the civil liberties arguments involved permit federal constitutional review. And she rejects the “for the children” argument (which she actually titles “The ‘for-the-children’ rationale”), stating that, while the state has a compelling interest in protecting the welfare of children, “needlessly stigmatizing and humiliating children who are being raised by the couples targeted by Virginia’s marriage laws betrays that interest.”

Benen remarks on what a milestone this ruling could be:

If yesterday’s ruling stands, Virginia will be the first southern state – the only state of the old Confederacy – to extend equal marriage rights to all of its residents.

Tyler Lopez, who moved out of Virginia, notes how the state has evolved on the issue:

These days, things are looking up in Virginia. The majority of Virginians now support marriage equality; they’ve elected politicians who reflect their values; and now their judiciary has stood firm as a defender of equal rights. The commonwealth, in short, has signaled that it’s ready to welcome back its gay and lesbian sons and daughters—if we’re ready to return. For those of us who never thought this moment would come, the impact is overwhelming. When I finally crossed the Potomac and moved to D.C., I promised myself I’d never return. But reading the brave and beautiful words of Judge Wright Allen’s opinion on Thursday night, Virginia suddenly felt—for the first time in a long time—like home.

Looking at the landslide of recent court decisions, David S. Cohen and Dahlia Lithwick declare, “It’s over”:

Insofar as there was confusion about what Windsor meant at the time it was decided, the lower courts across the country have now effectively settled it. A survey of publicly available opinions shows that in the eight months since Windsor, 18 court decisions have addressed an issue of equality based on sexual orientation. And in those 18 cases, equality has won every single time. In other words, not a single court has agreed with Chief Justice Roberts that Windsor is merely about state versus federal power. Instead, each has used Windsor exactly as Justice Scalia “warned”—as a powerful precedent for equality.

Dreher plays the victim:

Traditional Christians are all segregationists now. The federal judiciary is making that clear. The rout that many of us have seen coming is upon us.

Well, Rod, if you act like segregationists, what do you expect?