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Virginia's Gay Marriage Ban Struck Down

An appeals court says Virginia’s ban on gay marriage is unconstitutional, and says it looks like is a new form of “segregation.”

A federal appeals court on Monday struck down Virginia’s voter-approved ban on same-sex marriage, saying that withholding the fundamental right to marry from gay couples is a new form of “segregation” that the Constitution cannot abide.

 

The 2-to-1 decision by a panel of the U.S. Court of Appeals for the 4th Circuit, based in Richmond, upheld a lower court’s decision and extended an extraordinary winning streak in the federal courts for proponents of same-sex marriage.

Legal challenges to state bans filed systematically nationwide have prevailed in every test since the Supreme Court in June 2013 struck down part of the federal Defense of Marriage Act, which defined marriage as only between a man and a woman.

Two federal appeals courts have now said the bans are unconstitutional. The Supreme Court probably will have to make the final determination and could consider the issue as soon as next year.

Daniel Luzer is GOVERNING's news editor.
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