Snow Delays Virginia Hearing on Challenge to Gay Marriage Ban

The snow storm in the South has postponed the hearing scheduled for Thursday morning in Bostic v. Rainey, the challenge to Virginia's ban on same-sex marriage, AFER reports:

VirginiaOne of the most severe snow storms in a decade has swept through the South, dumping almost 10 inches of snow in southeast Virginia and creating dangerous conditions for an area that rarely sees such inclement precipitation.

Because of the weather, the federal district court announced that it will be closed tomorrow. AFER attorneys Ted Olson and David Boies were scheduled to appear before the court to argue that the state’s ban on marriage for gay and lesbian couples is unconstitutional.

No date has been set for a new hearing.


  1. Bill says

    @NotSafeForWork : If the religious nuts like the outcome it is “a message from God”, and if they don’t like the outcome it is “the work of the devil”.

  2. Randy says

    AFER’s website has the transcript of oral arguments.

    As with all transcripts there are a handful of errors.

    “hassles muster” is the newest Band Name to come out of oral argument.

  3. Randy says

    “sometimes you look at what you do and you ask why didn’t I do it sooner”

    And with that, the Solicitor-General undermines his own request to stay the injunction.

  4. Randy says

    “As it pertains to marriage the plaintiffs have brought forth no evidence whatsoever that there is a history of discrimination against gays and lesbians as pertains to the history of Virginia’s marriage laws.”

    Ponder, for a moment, the balls-to-brain ratio it must take to utter such a statement.

  5. Randy says

    I particularly liked the Solicitor-General’s rebuttal.

    He made a good case that same-sex marriage bans are discrimination based on gender, not just sexual orientation.

    And he made the obvious point that the Federal Marriage Amendment attempts a decade ago (plus Scalia’s repeated dissents) demonstrate that people understand already that the US constitution protects gays’ and lesbians’ right to marry each other.

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