The Court is compelled to conclude that Virginia's Marriage Laws unconstitutionally deny Virginia's gay and lesbian citizens the fundamental freedom to choose to marry. Government interests in perpetuating traditions, shielding state matters from federal interference, and favoring one model of parenting over others must yield to this country's cherished protections that ensure the exercise of the private choices of the individual citizen regarding love and family.The court began its opinion with a quotation from Mildred Loving, one of the plaintiffs in the 1967 U.S. Supreme Court decision in Loving v. Virginia that struck down Virginia's laws barring interracial marriage and established the modern doctrine of marriage as a "fundamental right." However the court yesterday also stayed the effectiveness of its preliminary injunction to give the parties time to appeal its decision to the 4th Circuit. Washington Post reports on yesterday's decision.
UPDATE: An amended opinion (full text) was issued on Feb. 14 correcting a reference in the first paragraph of Judge Allen's opinion. The sentence that originally read: "Our Constitution declares that "all men" are created
equal." was corrected to read: "Our Declaration of Independence recognizes that "all men" are created equal." Politico reports on the change. [Thanks to Mirror of Justice for the lead.]
