Federal Judge Hears Arguments in ACLU Class Action Suit Challenging Virginia Gay Marriage Ban

A federal judge in Harrisonburg, Virginia heard arguments yesterday on the certification of a class action suit challenging the state's ban on same-sex marriage, the AP reports:

Aclu_virginiaU.S. District Judge Michael Urbanski heard arguments Tuesday. According to court records and the ACLU of Virginia, which is representing the plaintiffs, he did not immediately rule.

He also took under advisement motions to dismiss Gov. Bob McDonnell and Staunton Circuit Court Clerk Thomas E. Roberts as defendants. The other defendant is Janet Rainey, the state registrar of vital records.

The lawsuit, which is one of two high-profile marriage cases in Virginia, was filed on August 1. The other case was filed by the American Foundation for Equal Rights, which recently took the Prop. 8 case to the Supreme Court.


  1. bandanajack says

    and this is going forward in purportedly the most conservative US circuit court in the nation, the 4th. if they prevail, and they just might, that win will sound the death knell for marriage bans nationwide. it will be left only to the supreme court to do away with DOMA completely, and render all state laws and constitutional amendments pertinent moot.

  2. bandanajack says

    to the best of my knowledge, the 9th, the contiguous western states and hawaii is far and away the most liberal. the 4th is the beltway, dc maryland and virginia, and when the conservatives want to win a case they knock themselves out to get it in the 4th. i am a passionate observer, but not an expert, so if one of our legal beagles will chime in, i would be glad of their input.

    i think the conservative nature of the court is why our dreamteam of olsen and boies is signed on to one of these cases.

  3. Endora says

    It’s not exactly correct to say that the Ninth is the most liberal. I would define the most liberal as the one which rules in accordance with the Constitution. The Ninth can’t really claim that high moral ground.

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