Appeals Court Combines Challenges to VA’s Same-sex Marriage Ban, Hearing Scheduled for May
RICHMOND, Va. — The U.S. Court of Appeals for the Fourth Circuit on Monday granted a motion filed byLambda Legal, the American Civil Liberties Union (ACLU), and the ACLU of Virginia to intervene inBostic v. Rainey, the federal court challenge to Virginia’s constitutional ban on same-sex marriage.
The motion is on behalf of a class of all Virginia’s same-sex couples; the class is simultaneously challenging the state’s same-sex marriage ban in its own case, Harris v. Rainey.
The decision effectively allows the two federal challenges to Virgina’s same-sex marriage ban to be consolidated on appeal without delaying or disrupting either case.
“We are pleased the court granted our motion to intervene because the Bostic appeal could decide the fate of not only both couples involved, but also the entire class of more than 14,000 same-sex couples in Virginia whom we represent,” said Greg Nevins, Counsel in Lambda Legal’s Southern Regional Office based in Atlanta.
On February 13, a federal judge in Norfolk ruled, in Bostic v. Rainey, that the state’s ban is unconstitutional, but delayed her ruling while it is appealed.
The plaintiffs in the Bostic case are represented by the American Foundation for Equal Rights(AFER) and attorneys David Boies and Ted Olson, who argued against California’ s Proposition before the U.S. Supreme Court last year.
The other case, Harris v. Rainey, was filed August 1 in the U.S. District Court in Harrisonburg. In January, the court certified the lawsuit as a class action, extending the scope of those represented in the lawsuit to all same-sex couples in the state who cannot legally marry or whose legal marriages performed elsewhere are not recognized by the Commonwealth.
“We’re thrilled that all of Virginia’s same-sex couples will be before the court of appeals together, arguing for the freedom to marry and bringing their many compelling stories to the common cause,” said Joshua Block, staff attorney with the ACLU Lesbian Gay Bisexual and Transgender Project.”
The Harris case is awaiting decision from the federal trial court. Once that decision is issued, it will be appealed to the Fourth Circuit.
Also Monday, the appeals court outlined a schedule Monday that will expedite the Bostic case to the Richmond court by May, with briefs scheduled for later this month. The expedited review had been sought by the plaintiffs who challenged the ban as well as Attorney General Mark Herring.
“The Attorney General of Virginia… failed to defend the Constitution of Virginia… when a legal challenge was undertaken to redefine marriage in federal courts”January 17, 2017
- AG Herring, legislators and advocates unite to pass inclusive hate crime legislation in Virginia, January 13, 2017
- Loudon County Public Schools stalls on protections for LGBTQ students and teachers, December 14, 2016
- Lambda Legal urges Pennsylvania District Court to suspend Pittsburgh school’s restroom policy, December 2, 2016
- Prev Frank Ocean Teams up with Diplo, Members of The Clash for Sweet New Jam
- Next VCU Brandcenter Hopes To Take Richmond Out of the Closet with #OutRVA
- Back to top
- RVA LGBTQ Black History Month Honoree: Zakia McKensey
- Richmond-area freshmen Congressman Don McEachin joins House LGBT Equality Caucus
- Washington State Supreme Court sides with same-sex couple who was refused service by Christian florist
- VA House moves anti same-sex marriage bill one step closer to passage
- RTP’s ‘Choir Boy’ highlights intersectionality set to a powerful Gospel groove