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Court Strikes Down VA Same-Sex Marriage Ban

By Aaron Keck Posted July 29, 2014 at 1:03 am
Nc Attorney General Roy Cooper

Nc Attorney General Roy Cooper

Following the Fourth Circuit Court’s ruling, Cooper announced Monday that North Carolina would no longer be contesting court challenges to Amendment 1.

Monday in Richmond, a three-judge panel on the Fourth Circuit Court of Appeals struck down Virginia’s ban on same-sex marriage – a ruling that may have significant implications for North Carolina down the road.

In the case of Bostic v. Schaefer, the judges struck down Virginia’s ban by a 2-1 vote, ruling that a ban on same-sex marriage violates the Fourteenth Amendment’s guarantee of equal protection and due process under the law. Technically that ruling only applies to Virginia’s law, but the Fourth Circuit also covers North Carolina as well – so lower court judges will use the Fourth Circuit’s opinion as guidance when ruling on North Carolina’s same-sex marriage ban, also known as Amendment 1.

The ruling will not take effect in Virginia for 21 days; it’s likely the judges will issue a stay on the ruling; and it’s almost certain to be appealed to a higher court. Still, Monday’s ruling is significant: it marks only the third time a circuit court has struck down a state’s ban on same-sex marriage. And within hours of the ruling, North Carolina Attorney General Roy Cooper announced that the state would no longer actively oppose the challenges to Amendment 1 currently making their way through the courts.

Following the ruling, WCHL’s Aaron Keck spoke with Chapel Hill Mayor Mark Kleinschmidt, a constitutional lawyer who’s actively involved in one of the ongoing challenges to Amendment 1.

Aaron also spoke with Chris Sgro, the executive director of Equality NC, an organization that’s fighting against the same-sex marriage ban in North Carolina.

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