Another U.S. Circuit Court of Appeals has struck down a state same-sex marriage ban as unconstitutional, this one in Virginia.
Virginia’s same-sex marriage bans “impermissibly infringe on its citizens’ fundamental right to marry,” Judge Henry F. Floyd wrote in the court’s opinion.
The decision upholds a lower court. Lead plaintiffs were legally married in other states, but seeking equal treatment with other married people in Virginia. The state Supreme Court in Arkansas will be asked to decide the same question. Judge Chris Piazza went with equal rights in circuit court. A federal lawsuit is also pending in Arkansas,
Also today, the attorney general of North Carolina said it was time to stop fighting the bans in court. Perhaps he should message Arkansas Attorney General Dustin McDaniel, a fellow Democrat who’s continued his Faustian bargain with legislators to defend the indefensible until the bitter end — discrimination, unconstitutional abortion bills, illegal tax breaks, whatever.