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Lambda Legal to Challenge Gay Marriage Ban in West Virginia

Now, West Virginia's same-sex marriage ban is going to have its day in court in a lawsuit to be announced tomorrow, the Charleston Gazette reports:

FairnessLambda Legal will hold a press conference at 10 a.m. in Huntington to announce the lawsuit, according to a release from the firm. The group was among those who filed a lawsuit in Virginia in August challenging that state's ban on gay and lesbian marriage.

A spokesman for Lambda Legal wouldn't release details of the West Virginia lawsuit on Monday. According to the group's website, it has been working with Fairness West Virginia, a gay rights group, "to find a way for all same-sex couples and their families in the Mountain State to get equal legal treatment and protections."

Casey Willits, executive director of Fairness West Virginia, would only confirm Monday that Fairness has been working with Lambda.

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  1. As an LGBT activist in West Virginia for over 20 years, I'm absolutely THRILLED about this.

    Posted by: Chuck Anziulewicz | Sep 30, 2013 3:51:37 PM

  2. I am not convinced this is a wise move. Justice Workman is an easy one to expect overturning WV's DOMA. Justice Ketchum is a toss-up. Justice Davis and Justice Loughry are lean against overturning. Justice Benjamin is certain to uphold WV's DOMA. I think it'll be 3-2 to uphold current WV ban.

    Posted by: Michael | Sep 30, 2013 5:15:44 PM

  3. Michael, we don't yet have the particulars. For all we know, the case might be filed in federal court... I can't imagine they would take this step if they didn't feel fairly optimistic.

    Posted by: Bill | Sep 30, 2013 5:21:27 PM

  4. It actually says "federal lawsuit" in the Charleston Gazette article.

    Posted by: Bruno | Sep 30, 2013 5:32:25 PM

  5. Federal is even more unlikely. The Fourth Circuit? Obama's nominees to that court have been filibustered more than any others. The Sixth Circuit is more plausible. I still say this is a very unwise move which will only bolster the ConservaDems in the WV Legislature to proceed with am actual constitutional amendment on the subject. Jeff Kessler can only do so much.

    Posted by: Michael | Sep 30, 2013 9:02:44 PM

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