US Appeals Court Upholds Same-Sex Marriage in Virginia
Desiree Sison | | Jul 29, 2014 05:31 AM EDT |
US Appeals Court junks ban on same-sex marriage
The United States Court of Appeals junked a Virginia law banning same-sex marriage Monday, declaring it unconstitutional and a kind of "segregation" for same-sex couples who want to marry.
The decision upheld the lower court's judgment overturning the ban on same-sex marriage, giving gay couples the fundamental right to marry as enshrined in the Constitution.
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The Appeals 4th Circuit Court Judges, in their decision, pointed out that the Supreme Court, in many of its decisions, had declared that the right to marry is a fundamental right that must be protected.
They said that attempts by the government to ban it must be based and justified by "compelling state interests."
Judge Henry Floyd argued that civil marriage is one of the most important decisions one has to make in life and this will alter tremendously an individual's life.
He said that marriage is a very personal thing and that denying same-sex couples to marry prohibits them from fully living in the society which is exactly the type of segregation that the Constitution prohibits.
Reports said cases have been filed in many states nationwide challenging the laws banning same-sex marriage after the Supreme Court struck down in June 2013 a part of the Defense of Marriage Act defining marriage as only between a man and a woman.
So far, two appeals courts have taken the side of same-sex unions and declared the laws banning them unconstitutional.
Mark Herring, Virginia Attorney General, praised the recent court decision saying that Virginia is highly considering the plight of gay couples by granting them their fundamental right to marry.
He said that he is proud that the state is upholding one of the important civil rights of today.
The decision of the panel of the Appeals Court for the 4th Circuit who decided on the issue of same-sex union will go into effect after 21 days.
Herring, however, said he prefers that no same-sex marriage take place in Virginia for as long as all the legal issues have not yet been been resolved.
Opponents of the decision can either ask the Appeals Court to review the panel's decision or take the case directly to the Supreme Court.
Herring said the SC would issue their final decision and could review the case as early as next year.
The controversial verdict has divided Virginia with the conservatives saying that they leave it all up to the Supreme Court to make the final determination on whether marriage should be only between a man and a woman or not.
Virginia Governor Terry McAullife (D) praised the 4th District's decision and rallied behind Herring for not defending the ban.
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