Virginia is for lovers Virginia is for lovers, as a federal judge proved by ruling the states current ban on same-sex

marriages unconstitutional last week. Judge Arenda L. Wright Allen of Norfolk wrote a 41-page opinion piece on the matter Feb. 13, just in time for Valentines Day. Marriage equality rights have been a hot topic in the state after Virginia Attorney General Mark Herring voiced his support for same sex couples seeking marriage licenses in January. "After thorough legal review, I have now concluded that Virginia's ban on marriage between same sex couples violates the Fourteenth Amendment of the U.S. Constitution on two grounds, Herring said. Marriage is a fundamental right being denied to some Virginians, and the ban unlawfully discriminates on the basis of both sexual orientation and gender." Rulings by Judge Wright Allen will trickle down to local institutions that uphold these laws. Smyth County politician and Clerk of Circuit Court John Graham said, throughout Virginia, prospective couples obtain marriage licenses in their locality's Circuit Court Clerk's Office. In Smyth County, where I serve, I am not aware of any same gender couples ever applying to obtain a marriage license. Undoubtedly, though, if the decision is upheld, perhaps all the way up to the United States Supreme Court, then same gender couples will apply for marriage licenses throughout the state. Code 1919, 4541 of Virginias law states that up until this decision, clerks like Graham could have faced hefty fines or jail time for issuing a marriage license to same-sex couples. Section 20-33 of the Code of Virginia reads, If any clerk of a court knowingly issue a marriage license contrary to law, he shall be confined in jail not exceeding one year, and fined not exceeding $500. Graham later added, protestors have been demonstrating outside of courthouses around the state for the past ten years on Valentines Day. In Richmond in particular, same-sex couples religiously have come in on Valentines Day to apply for a marriage license. Were going to have to give the same answer as before, Edward F. Jewett, clerk of Richmond Circuit Court said. At this time, the law does not allow us to give a marriage license to a same-sex couple.

However, because of Wright Allens ruling, these people were given hope that their decade-long wait to be granted a marriage license will soon be over, a real reason to celebrate this year.

Smyth County Circuit Court Clerk John Graham (left) examines courthouse documents. Courtesy of John Graham and Smyth County News & Messenger

Kali Gentry