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| A final barrier to same-sex marriage in Virginia falls | |
| (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. | 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. |
| The Fourth Circuit Court of Appeals issued a mandate to remove the last barrier to same-sex marriage in Virginia. The first same-sex marriages were performed in Charlottesville and Richmond shortly after 1 p.m. | The Fourth Circuit Court of Appeals issued a mandate to remove the last barrier to same-sex marriage in Virginia. The first same-sex marriages were performed in Charlottesville and Richmond shortly after 1 p.m. |
| At the same time, the commonwealth recognized marriages already performed in states as legal. | At the same time, the commonwealth recognized marriages already performed in states as legal. |
| While opponents of same-sex marriage deplored the change, same-sex marriage advocates and gay couples in Virginia celebrated. | While opponents of same-sex marriage deplored the change, same-sex marriage advocates and gay couples in Virginia celebrated. |
| Donna Turton and Beth Trent, both of Springfield, asked their pastor to come to the Alexandria courthouse to marry them just as soon as they learned the news from the Washington Post mobile app. | Donna Turton and Beth Trent, both of Springfield, asked their pastor to come to the Alexandria courthouse to marry them just as soon as they learned the news from the Washington Post mobile app. |
| Dressed in what they joked were their wedding clothes — blue jeans and black T-shirts — the couple, who have been together since 2010, began to get antsy in the crowded clerk’s office. | |
| Turton, impatient for the license, implored the deputy clerk, “I’ll bake you a cake if you type faster.” | Turton, impatient for the license, implored the deputy clerk, “I’ll bake you a cake if you type faster.” |
| When they received the license, she said: “We’re super-thrilled. We’re really in love.” | |
| She and Trent were married before three friends, three television cameras and three still photographers. | She and Trent were married before three friends, three television cameras and three still photographers. |
| The next couple in line, Justin Smith and Jim Scheye, said that they had been planning to marry in the District but could now pick a reception hall in their home state. | |
| “This is pretty moving,” Scheye said, tearing up. A 26-year veteran of the Coast Guard, he said: “I thought the repeal [of Don’t Ask, Don’t Tell] was pretty big. This is bigger.” | |
| The men, who live in Alexandria, plan on having an Oct. 26 wedding and celebration somewhere in Northern Virginia. | |
| 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 the county. | 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 the county. |
| “I’m just really excited,” Landis said. “We always said we are waiting for Virginia. We wanted it to be legal here.” | “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 in Fairfax in 1995 and have been together for 23 years. | |
| In Richmond, Rev. Hilary Smith of Church of the Holy Comforter in the Episcopal Diocese of Virginia stationed herself on the terrace outside the courthouse, ready to perform civil ceremonies for any same-sex couples wishing to tie the knot immediately after obtaining their license. She was up to four and counting within three hours of marriage becoming legal. | |
| Melissa Yeager and her aunt Joanna Pine brought Yeager’s three sons — David, 4; Henry, 2; and Peter, three months — to watch those impromptu marriages. They wore paper party hats and blew noisemakers. | |
| “When I moved to the States, especially to Virginia, it was a bit of a shock, the kind of attitudes that prevailed here,” said Yeager, who is English and said she grew up with a gay aunt and uncle and never thought much of it until she moved to the United States in 2007. | |
| Of her three young sons, she said: “I don’t know who they will turn out to love. If they turn out to love someone of their own gender I want them to be safe and free and happy.” | |
| “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.” | “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. |
| 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.” | |
| Victoria Cobb, president of the Family Foundation of Virginia, said she believes the status of same-sex marriage in Virginia should never have been up to the judicial branch to begin with. | Victoria Cobb, president of the Family Foundation of Virginia, said she believes the status of same-sex marriage in Virginia should never have been up to the judicial branch to begin with. |
| “It’s disappointing that we’re even in the hands of the court, especially since the attorney general chose to not even defend the Constitution, the will of the people,” Cobb said at a news conference in Richmond. “We will continue to advocate for traditional marriage, and we believe strongly that every child deserves a mom and a dad whenever possible. And that’s really what’s at stake here.” | “It’s disappointing that we’re even in the hands of the court, especially since the attorney general chose to not even defend the Constitution, the will of the people,” Cobb said at a news conference in Richmond. “We will continue to advocate for traditional marriage, and we believe strongly that every child deserves a mom and a dad whenever possible. And that’s really what’s at stake here.” |
| Cobb and other opponents of same-sex marriage noted that 57 percent of Virginia voters supported a 2006 amendment defining marriage as between a man and a woman and forbidding recognition of such unions performed elsewhere. | Cobb and other opponents of same-sex marriage noted that 57 percent of Virginia voters supported a 2006 amendment defining marriage as between a man and a woman and forbidding recognition of such unions performed elsewhere. |
| “When you’ve had over a million people who have had their vote tossed over to a judge, it really raises the question of what issue are we able to decide as a people that isn’t going to be affected by the court,” she said. | “When you’ve had over a million people who have had their vote tossed over to a judge, it really raises the question of what issue are we able to decide as a people that isn’t going to be affected by the court,” she said. |
| The Supreme Court’s action brought an abrupt end to a case that conservatives in the Virginia House of Delegates had been gearing up to fight. When the legislature met in a special session on Medicaid expansion just last month, the House passed a resolution authorizing the speaker to hire an attorney to defend the state constitution or any laws that the attorney general chose not to defend. | |
| The House had not yet hired a lawyer to represent it in the marriage case. | The House had not yet hired a lawyer to represent it in the marriage case. |
| “We were looking at it. This certainly changes things,” said Mathew Moran, a spokesman for Howell. | “We were looking at it. This certainly changes things,” said Mathew Moran, a spokesman for Howell. |
| Former attorney general Ken Cuccinelli II (R) criticized the ruling, calling it “extremely disappointing, and leaves me wondering whether there is any area of state sovereignty left?” Cuccinelli said in an e-mail. “Do the people and the states get to decide anything for themselves under this federal government anymore?” | |
| Delegate Marcus Simon (D-Fairfax) said he would introduce legislation Monday that would formally repeal the ban. | Delegate Marcus Simon (D-Fairfax) said he would introduce legislation Monday that would formally repeal the ban. |
| Couples living in Virginia who had married elsewhere exulted over their new legal status in their home state. | Couples living in Virginia who had married elsewhere exulted over their new legal status in their home state. |
| Kathryn 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. | Kathryn 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. |
| “We are officially married!!!!!!!!!!” Hamm, who lives in Arlington, texted. | “We are officially married!!!!!!!!!!” Hamm, who lives in Arlington, texted. |
| 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, 2013, 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, 2013, 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.” |
| Sen. Adam P. Ebbin (D-Alexandria), the first openly gay member of the General Assembly, said: “It’s a wonderful day. It’s great that Virginians have marriage equality today. We’re waking up from history faster than I could have imagined. It’s nice that this wave that’s crossing the country will now be finalized for Virginians.” | Sen. Adam P. Ebbin (D-Alexandria), the first openly gay member of the General Assembly, said: “It’s a wonderful day. It’s great that Virginians have marriage equality today. We’re waking up from history faster than I could have imagined. It’s nice that this wave that’s crossing the country will now be finalized for Virginians.” |
| 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. |
| Carol Schall and Mary Townley, one of the two couples who were plaintiffs in the original case, renewed their vows ceremonially on Monday afternoon at a news conference hosted by Herring. | |
| The attorney general ticked off a list of rights and privileges newly afforded to Virginia same-sex couples like Schall and Townley, who married in California years ago. Couples in Virginia can now adopt children, join each other’s employer benefits, make medical decisions for each other, visit each other in the hospital, transfer an inheritance and file joint tax returns. | |
| “For the first time legally in Virginia I can say that I’m here with my wife, Mary, and my daughter, Emily,” Schall told a crowd of reporters and supporters. “I don’t think there’s any more profound statement yet any more simple statement than for me to say that.” | |
| “It’s just amazing that now we are married in Virginia. When I woke up this morning we weren’t and now we are,” Townley said as someone in the crowd yelled “Congratulations!” | “It’s just amazing that now we are married in Virginia. When I woke up this morning we weren’t and now we are,” Townley said as someone in the crowd yelled “Congratulations!” |
| Their 16-year-old daughter added: “Now Virginia is a state for all lovers.” | Their 16-year-old daughter added: “Now Virginia is a state for all lovers.” |
| Wearing a white and cream wedding dresses topped by blazers, Schall and Townley exchanged vows while Emily watched and wiped away tears from her eyes. | Wearing a white and cream wedding dresses topped by blazers, Schall and Townley exchanged vows while Emily watched and wiped away tears from her eyes. |
| Christy Berghoff — a plaintiff in another suit against the state’s same-sex marriage ban, which was filed in federal court in August 2013 — said that though she and her partner Victoria Kidd have also already been married, the decision brings an end to her double life. | Christy Berghoff — a plaintiff in another suit against the state’s same-sex marriage ban, which was filed in federal court in August 2013 — said that though she and her partner Victoria Kidd have also already been married, the decision brings an end to her double life. |
| “When I sit here working in D.C., I was always married. For the last three years, we’ve been married in D.C. and when I went home I was not married and it wasn’t recognized,” said Berghoff, who lives in Winchester in Frederick County. “I think it will be great when I go home tonight, when I cross over the Potomac, I will be still married.” | “When I sit here working in D.C., I was always married. For the last three years, we’ve been married in D.C. and when I went home I was not married and it wasn’t recognized,” said Berghoff, who lives in Winchester in Frederick County. “I think it will be great when I go home tonight, when I cross over the Potomac, I will be still married.” |
| 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, Justin Jouvenal, Laura Vozzella, Julie Zauzmer and Rachel Weiner contributed to this report. | Robert Barnes, Justin Jouvenal, Laura Vozzella, Julie Zauzmer and Rachel Weiner contributed to this report. |