Nicholas Tomsho on February 1, 2014 12:08 PM ET
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A NEW DIMENSION IN SAME SEX MARRIAGES
Virginia same-sex marriage suit granted class action status
Nicholas Tomsho on February 1, 2014 12:08 PM ET
[JURIST] A judge for the US District Court for the Western District of Virginia certified a class action lawsuit on Friday challenging Virginia's ban on same-sex marriage.
"The amended proposed class ... meets the requirements of numerosity,
commonality, typicality, and adequacy of representation," US District
Judge Michael Urbanski said in his ruling. "Accordingly, the court will
enter an appropriate order this day granting plaintiffs' motions and
certifying the class." With class certification, the plaintiffs will now
be representing all same-sex couples in Virginia, including unmarried
couples and those married outside of the state. "We want to be clear
that we're fighting for families across the state," said Claire Guthrie
Gastanaga, executive director of the American Civil Liberties Union of Virginia one of the organizations representing the plaintiffs.
Same-sex marriage has been a highly polarizing issue in the
American legal community. Numerous challenges to same-sex marriage bans
have arisen before state and federal courts just in the last month. On
January 23, Virginia Attorney General Mark Herring announced that he believes the state's ban on same-sex marriage
to be unconstitutional and he will not defend legal challenges to it,
including the case detailed above. On January 22, six same-sex couples filed a lawsuit in Florida state court challenging that state's ban on same-sex marriage. On the same day, the American Civil Liberties Union challenged Utah's refusal to recognize same-sex marriages performed after the US District Court for the District of Utah struck down the state's same-sex marriage ban.
Nicholas Tomsho on February 1, 2014 12:08 PM ET
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