U.S. District Judge Arenda L. Wright Allen said the country has "arrived upon another moment in history when 'We the People' became more inclusive, and our freedom more perfect."
In a 41-page opinion, the judge rejected a voter-approved constitutional amendment that bans both same-sex marriage and forbids recognition of such unions performed elsewhere.
Judge Allen opened with a quotation from Mildred Loving on the 40th anniversary of the U.S. Supreme Court's ruling overturning a Virginia law that forbade interracial marriages. The Loving case set in motion the train of events that is making it possible for same-sex couples to obtain marriage rights.
"Our courts have never long tolerated the perpetuation of laws rooted in unlawful prejudice," Judge Allen wrote. "One of the judiciary's noblest endeavors is to scrutinize laws that emerge from such roots."
The Virginia case is one of the priorities in extending same-sex marriage throughout the United States. Among those who helped develop the legal strategy attacking the Viriginia law were Ted Olson and David Bois, who successfully challenged California's ban on same-sex marriage.
Mark Herring, a Democrat, switched the commonwealth's legal position on the issue, joining two gay couples in asking that the ban be struck down. Herring was just elected in November; he defeated Republican Mark Obenshain by 800 votes out of more than 2.2 million cast. Obenshain opposes same-sex marriage.
(So don't go saying your vote doesn't count. Every vote counts. If 800 pro-gay Virginians had stayed home on Election Day, Obenshain would be in charge.)
One more political tidbit: Herring's predecessor in the Attorney General's Office was vociferously anti-gay Ken Cuccinelli, a Republican. Cuccinelli has said homosexuality is "intrinsically wrong" and "is not healthy to an individual and in the aggregate is not healthy to society." He has warned that acceptance of same-sex marriages would lead to polygamy. Cuccinelli lost his bid for the governorship in November.
Although Virginians seem more receptive than ever on the issue of same-sex marriage, don't mark this one down as a win yet. Judge Allen stayed her decision pending an appeal to the U.S. 4th Circuit Court of Appeals in Richmond. The 4th Circuit is one of the nation's most conservative appellate circuits. On the other hand, its rulings cannot deviate too far from the legal guidance set down by decisions of the U.S. Supreme Court. So we'll have to wait and see.
For a full explication on legal issues in the judge's ruling, consult the Washington Post or SCOTUSblog. I'm heading back outside to continue shoveling snow.
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