The Daily Progress reports that a Charlottesville couple denied the opportunity to fill out a marriage permit because they both were male have filed a lawsuit against the Commonwealth of Virginia.
Robert Payne, 43 and his partner, Wilhelm von Himmel, 22 attempted to apply for the license on Dec. 6. Von Himmel told the Daily Progress he’s filing the suit on a constitutional basis.
“I was planning on them not even giving us a form,” von Himmel said. He added that he anticipates losing the initial lawsuit, but said that he intends to appeal any verdict denying his request. Eventually, von Himmel said he hopes for the suit to be heard by the U.S. Supreme Court.