Michael Dye and Brian Justice, who are legally married in Iowa, asked the Washington County Circuit Court to change their last names to Dye-Justice. They were initially turned down by Circuit Court Judge C. Randall Lowe on the basis of fraud.
“The judge originally said that because these two individuals want to share the last name, they are putting themselves forth as being married,” said Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union.
Last year, the same judge had denied a similar petition from a lesbian couple when the ACLU intervened. It is not know if the case will set a precedent throughout the Commonwealth.
The court document below, Dye testified that he recognized that the relationship of he and his partner was not legally binding in the Commonwealth.