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Same-sex marriages in Virginia can begin immediately Same-sex marriages in Virginia can begin immediately
(35 minutes later)
RICHMOND — The Supreme Court on Monday effectively allowed same-sex marriage to go forward in Virginia, deciding not to take up a Fourth Circuit Court of Appeals ruling that overturned the commonwealth’s ban on same-sex marriages in the commonwealth.RICHMOND — The Supreme Court on Monday effectively allowed same-sex marriage to go forward in Virginia, deciding not to take up a Fourth Circuit Court of Appeals ruling that overturned the commonwealth’s ban on same-sex marriages in the commonwealth.
The Fourth Circuit Court of Appeals issued a mandate shortly after 1 p.m. to remove the last barrier to same-sex marriage in Virginia. At the same time, the commonwealth recognized marriages performed in states already as legal.The Fourth Circuit Court of Appeals issued a mandate shortly after 1 p.m. to remove the last barrier to same-sex marriage in Virginia. At the same time, the commonwealth recognized marriages performed in states already as legal.
Same-sex marriage advocates and gay couples in Virginia celebrated the move.Same-sex marriage advocates and gay couples in Virginia celebrated the move.
“We are officially married!!!!!!!!!!” Kathryn Hamm, who lives in Arlington, texted her partner of 20 years when she heard the news.“We are officially married!!!!!!!!!!” Kathryn Hamm, who lives in Arlington, texted her partner of 20 years when she heard the news.
In Fairfax County, courthouse clerks set up ropes in anticipation of a surge in same-sex couples seeking marriage licenses. But officials then announced that the office handling marriage licenses is temporarily closing so they can make a software tweak to accommodate same-sex marriages. In Fairfax County, courthouse clerks set up ropes in anticipation of a surge in same-sex couples seeking marriage licenses.
Shortly after 1:20 p.m., Falls Church couple Yvonne Landis and Melodie Mayo were the first same sex couple to begin applying for a marriage license in Fairfax County.
“I’m just really excited,” Landis said. “We always said we are waiting for Virginia. We wanted it to be legal here.”
The couple first had a commitment ceremony 20 years ago and have been together for 23 years.
In Charlottesville, couples eager to marry were lining up at the circuit court clerk’s office, the Daily Progress reported.
“This is a historic and long overdue moment for our Commonwealth and our country,” Gov. Terry McAuliffe (D) said in a statement. “On issues ranging from recognizing same-sex marriage to extending health-care benefits to same-sex spouses of state employees, Virginia is already well-prepared to implement this historic decision. Going forward we will act quickly to continue to bring all of our policies and practices into compliance so that we can give marriages between same-sex partners the full faith and credit they deserve.”“This is a historic and long overdue moment for our Commonwealth and our country,” Gov. Terry McAuliffe (D) said in a statement. “On issues ranging from recognizing same-sex marriage to extending health-care benefits to same-sex spouses of state employees, Virginia is already well-prepared to implement this historic decision. Going forward we will act quickly to continue to bring all of our policies and practices into compliance so that we can give marriages between same-sex partners the full faith and credit they deserve.”
“Equality for all men and women regardless of their race, color, creed or sexual orientation is intrinsic to the values that make us Virginians, and now it is officially inscribed in our laws as well,” he said.“Equality for all men and women regardless of their race, color, creed or sexual orientation is intrinsic to the values that make us Virginians, and now it is officially inscribed in our laws as well,” he said.
Virginia Attorney General Mark R. Herring (D), who refused to defend the state’s ban on same-sex marriage, held a news conference in front of the Arlington County courthouse to announce that couples can begin to marry immediately.Virginia Attorney General Mark R. Herring (D), who refused to defend the state’s ban on same-sex marriage, held a news conference in front of the Arlington County courthouse to announce that couples can begin to marry immediately.
“This is the outcome that we have hoped for, it is the outcome that we have fought for and it is the outcome that the Constitution requires,” he said. “Today’s decision will change the lives of thousands of loving couples, their children and their families in a positive and transformative way.”
House Speaker William J. Howell (R-Stafford) accused Herring of putting his political views ahead of his responsibility to uphold the law as written.House Speaker William J. Howell (R-Stafford) accused Herring of putting his political views ahead of his responsibility to uphold the law as written.
Herring’s actions “represent a dangerous threat to the rule of law, show disregard for the oath of office and demonstrate contempt for the legislative and democratic processes by which Virginians adopt their laws,” Howell said.Herring’s actions “represent a dangerous threat to the rule of law, show disregard for the oath of office and demonstrate contempt for the legislative and democratic processes by which Virginians adopt their laws,” Howell said.
A supporter of what he called “traditional marriage,” Howell said the Supreme Court’s decision today will foster uncertainty.A supporter of what he called “traditional marriage,” Howell said the Supreme Court’s decision today will foster uncertainty.
“The Court’s decision today leaves Virginians without an affirmative answer on this issue, unnecessarily prolonging the political debate and creating long-term uncertainty regarding the status of same-sex marriages in Virginia depending on the outcome of litigation in other parts of the country,” he said.“The Court’s decision today leaves Virginians without an affirmative answer on this issue, unnecessarily prolonging the political debate and creating long-term uncertainty regarding the status of same-sex marriages in Virginia depending on the outcome of litigation in other parts of the country,” he said.
Virginia state Del. Bob Marshall (R-Prince William), co-author of the state’s marriage ban, decried the move in a statement and predicted that “marriage will soon include polygamy, or threesomes, leaving innocent children to suffer the consequences.”
Couples living in Virginia but married elsewhere exulted over their new legal status in their home state.Couples living in Virginia but married elsewhere exulted over their new legal status in their home state.
Hamm, president of gayweddings.com, has been with her partner for more than 20 years. The couple had a wedding 15 years ago and, after the Supreme Court struck down a key part of the Defense of Marriage Act, eloped to the District in November.Hamm, president of gayweddings.com, has been with her partner for more than 20 years. The couple had a wedding 15 years ago and, after the Supreme Court struck down a key part of the Defense of Marriage Act, eloped to the District in November.
Her partner, Amy Walter, 44, is in London on business, so instead of calling, Hamm texted her when the news broke this morning.Her partner, Amy Walter, 44, is in London on business, so instead of calling, Hamm texted her when the news broke this morning.
Hamm, 45, said she expects to see a “wave of legal elopements” among same-sex couples.Hamm, 45, said she expects to see a “wave of legal elopements” among same-sex couples.
“I would imagine that any couple who is paying attention and has seen this news is going to go celebrate,” Hamm said.“I would imagine that any couple who is paying attention and has seen this news is going to go celebrate,” Hamm said.
Jay Fisette, Arlington County Board chairman and the first openly gay person elected in Virginia, said when he was first elected in 1997 he had no idea that same-sex marriage would be legalized in his lifetime.Jay Fisette, Arlington County Board chairman and the first openly gay person elected in Virginia, said when he was first elected in 1997 he had no idea that same-sex marriage would be legalized in his lifetime.
“I see it as a testament to the courage of people to be open and honest and the courage of others to listen and learn,” he said. “It’s also the persistent work of generations following years of pain and suffering that got us to this day. There’s still 30 to 40 percent of Americans without marriage equality and millions, millions of people around the world who are suffering” because they are gay.“I see it as a testament to the courage of people to be open and honest and the courage of others to listen and learn,” he said. “It’s also the persistent work of generations following years of pain and suffering that got us to this day. There’s still 30 to 40 percent of Americans without marriage equality and millions, millions of people around the world who are suffering” because they are gay.
Fisette married his partner, clinical psychologist Bob Rosen, in the District on Sept. 17 on their 30th anniversary. He said they haven’t had a chance to talk about whether to remarry in Virginia, “but this means our marriage will be recognized in our home state.”Fisette married his partner, clinical psychologist Bob Rosen, in the District on Sept. 17 on their 30th anniversary. He said they haven’t had a chance to talk about whether to remarry in Virginia, “but this means our marriage will be recognized in our home state.”
Ted Olson, one of lawyers who brought the Bostic v. Schaefer case that challenged Virginia’s ban on same-sex marriage, said in deciding not to overturn or not to even review the decisions of circuit courts, he believes the Supreme Court will eventually grant the right federally.Ted Olson, one of lawyers who brought the Bostic v. Schaefer case that challenged Virginia’s ban on same-sex marriage, said in deciding not to overturn or not to even review the decisions of circuit courts, he believes the Supreme Court will eventually grant the right federally.
“Soon, many, many, many more people in the United States who are gay and lesbian and wish to marry the person that they love, and who have been waiting so long to be treated equally under the United States constitution, will finally receive the benefit of equality, due process, equal dignity, and freedom and liberty that the Constitution guarantees to all citizens,” Olson said during a conference call with reporters.“Soon, many, many, many more people in the United States who are gay and lesbian and wish to marry the person that they love, and who have been waiting so long to be treated equally under the United States constitution, will finally receive the benefit of equality, due process, equal dignity, and freedom and liberty that the Constitution guarantees to all citizens,” Olson said during a conference call with reporters.
In the meantime, local officials throughout Virginia await guidance on how to begin issuing marriage licenses.
Henrico County Circuit Court Clerk Yvonne G. Smith said her office will proceed as usual with anyone who comes forward seeking a license to marry. Her office must only download the new application, which she said has been amended to replace “bride” and “groom” with gender-neutral terms.
“I’m elected constitutional officer and I’m here to do my job administratively as it’s provided in the Code of Virginia and to do it to the best of my ability,” Smith said.
So far, the only calls her office has gotten are from reporters, and the two windows for customer service are not busier than usual.
“I don’t have more people to put on (duty). Even if I did, we can’t issue but two at a time,” she said. “We’ll handle the public just the same as we have.”
The same goes for Arlington Clerk of the Circuit Court Paul Ferguson.
“Our office will issue same-sex marriage licenses as soon as possible,” Ferguson said. “It could be later today. It could be tomorrow morning.”
At this point, he said, the official mandate and guidance from the attorney general is “just a formality.”
Sen. Tim Kaine (D-Va.) campaigned as governor against the ban on same-sex marriage and signed an executive order to ban discrimination on the basis of sexual orientation, his office said.Sen. Tim Kaine (D-Va.) campaigned as governor against the ban on same-sex marriage and signed an executive order to ban discrimination on the basis of sexual orientation, his office said.
“In letting the Fourth Circuit’s decision stand, the Supreme Court has given loving couples across the Commonwealth the freedom to marry,” he said. “I join countless Virginians in celebrating the end of the discriminatory constitutional ban that has denied same-sex couples this fundamental right. Today, we have taken a major step toward Jefferson’s ideal that ‘all men are created equal.’ ”“In letting the Fourth Circuit’s decision stand, the Supreme Court has given loving couples across the Commonwealth the freedom to marry,” he said. “I join countless Virginians in celebrating the end of the discriminatory constitutional ban that has denied same-sex couples this fundamental right. Today, we have taken a major step toward Jefferson’s ideal that ‘all men are created equal.’ ”
Sen. A. Donald McEachin (D–Henrico) also applauded the decision.Sen. A. Donald McEachin (D–Henrico) also applauded the decision.
“I am very pleased and excited that gay Virginians will now be able to marry. This is a significant step forward in achieving justice and fairness for all. I eagerly await the day when it won’t matter what state a person lives in — when every American can marry the person he or she loves,” he said in a statement.“I am very pleased and excited that gay Virginians will now be able to marry. This is a significant step forward in achieving justice and fairness for all. I eagerly await the day when it won’t matter what state a person lives in — when every American can marry the person he or she loves,” he said in a statement.
Robert Barnes, John Woodrow Cox, Justin Jouvenal and Laura Vozzella contributed to this report. john.cox@washpost.com
justin.jouvenal@washpost.com
Robert Barnes, Patricia Sullivan, Laura Vozzella and Rachel Weiner contributed to this report.