• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Towleroad Gay News

Gay Blog Towleroad: More than gay news | gay men

  • Travel
  • Sports
  • Law/Justice
  • Celebrities
  • Republicans
  • Madonna
  • Books
  • Men
  • Trans Rights
  • Royals
  • Monkeypox
  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

Federal Court Challenge Filed Against Virginia’s Marriage Equality Ban

Jacob Combs August 1, 2013

Flag_of_Virginia.svg

As they announced they would earlier this month, the ACLU and Lambda Legal, along with the regional ACLU of Virginia, today filed a federal class action challenge in Virginia arguing that the state's marriage equality ban violates same-sex couples' rights under the U.S. Constitution. The Washington Post reports:

The suit comes on the same day that Minnesota and Rhode Island became the 12th and 13th states to start issuing marriage licenses to same-sex couples.

The groups filed the suit in U.S. District Court for the Western District of Virginia on behalf of Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester, and seeks to represent all same-sex couples who are seeking marriage rights in the state.

“Virginia is home for us. Our families are here, our jobs are here, and our community is a great support for us, but it makes us sad that we cannot get married where we live,” said Joanne Harris, a native Virginian who grew up on a Bedford, Va. pig farm, in a statement.

Untitled-1_1The Virginia legal brief tells compelling stories of the two couples' love and commitment. Harris and Duff, the complaint explains, "fell in love at first sight when they met in 2002," and were later "baptized together in the backyard river of a fellow church member." Together, the couple are raising a four-year-old son, and the complaint chronicles the legal uncertainty that their family faces without marriage equality. Duff is prohibited by Virginia law from adopting the couple's son as a co-parent, and worries she could be left powerless in the event of a health crisis for Harris, who suffers from epilepsy.

392_berghoff-kiddBerghoff and Kidd, the other couple, have been together for over nine years and are raising an eight-month-old daughter. Berghoff, an Air Force veteran, works for the Justice Department in Washington, D.C. The two women married in D.C. in 2011. Like Duff and Harris, Berghoff and Kidd are prohibited from being recognized as their daughter's two parents, and the couple carries co-custodianship papers with them wherever they go in an attempt to protect their family in an emergency.

As mentioned above, the Virginia challenge is a class action suit, brought on behalf of all same-sex couples in Virginia who wish to wed in the state but cannot or who have been denied marriage licenses by state officials. The class action suit also encompasses Virginia residents with marriage licenses from other jurisdictions that are considered invalid by the state.

The new lawsuit, filed in the Western District of Virginia and known officially as Harris v. McDonnell, joins two other recently filed ACLU challenges, one in Pennsylvania and the other in North Carolina. (The North Carolina case was previously an adoption case.)  It is the second marriage equality case to be filed in Virginia this month: a Norfolk couple filed their own suit a few weeks ago.

As the Washington Post points out, litigation is the clearest way forward for marriage equality in Old Dominion, since a legislative push to repeal the state's ban would need to be approved twice by the General Assembly (with an intervening election for the House of Delegates) and then be approved by voters in a ballot referendum.

Read the full complaint below, via Scribd, AFTER THE JUMP...

Harris & Dunn et al v. McDonnell et al Complaint by dmataconis

Topics: Health, LGBT Rights More Posts About: aclu, gay marriage, Lambda Legal, Lambda Legal, LGBT Rights, Virginia, Virginia

Related Posts
  • Former Roommate Indicted For Murder Of Florida LGBTQ Activist Jorge Diaz-Johnston, One of the Public Faces In State Fight For Marriage Equality
  • Alabama Sued In Federal Court By Families, Doctors After Anti-Trans Healthcare Bill Signed Into Law
  • Survivor Benefits Payments For Same-Sex Partners Are Being Paid Under Biden, But Many Don’t Even Know They Qualify
  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Published by BANG Showbiz English Mel B will “always be open” when it comes to her sexuality. The Spice Girls singer, 48, who reunited with her bandmates including the group's ex-singer Victoria Beckham for the fashion …Read More »
  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Published by BANG Showbiz English Megan Thee Stallion is being sued for allegedly creating a hostile work environment and forcing her cameraman to watch her having lesbian sex. The 29-year-old ‘Savage' rapper faces the salacious claims …Read More »
  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Published by BANG Showbiz English Jonathan Bennett's life was “changed forever” by his role in ‘Mean Girls'. The 42-year-old actor starred as heartthrob Aaron Samuels in the 2004 cult classic – which followed Lindsay Lohan, Rachel …Read More »
  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Published by BANG Showbiz English Sir Elton John sent Lance Bass a gift basket after he came out as gay. The 44-year-old NSYNC star revealed the legendary singer showed his support when Lance decided to reveal …Read More »
Previous Post: « Same-Sex Marriages Continue In PA As Court Receives New Request To Halt Them
Next Post: Colorado Recognizes First Gay Divorce »

Primary Sidebar

Most Recent

  • Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

    Sophia Bush’s girlfriend ‘proud’ the actress has opened up about coming out as queer

  • Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

    Mel B declares she’ll ‘always be open’ when it comes to her sexuality!

  • Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

    Megan Thee Stallion being sued for ‘forcing cameraman watch her having lesbian sex!’

  • Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

    Mean Girls star Jonathan Bennett recalls the moment his life ‘changed forever’

  • Sir Elton John sent Lance Bass gift basket to celebrate coming out

    Sir Elton John sent Lance Bass gift basket to celebrate coming out

  • Relationship status influences heterosexual women’s sexual prejudice towards lesbians

    Relationship status influences heterosexual women’s sexual prejudice towards lesbians

  • JoJo Siwa had a challenge transitioning to new grown-up image

    JoJo Siwa had a challenge transitioning to new grown-up image

  • Liz Hurley defends lesbian sex scene in new movie that was directed by her son

    Liz Hurley defends lesbian sex scene in new movie that was directed by her son

Partner Links

  • Born On This Day: Don Rickles
    Born on this day in 1926. Married to Barbara for 52 […]
  • Nathan Lane says his Hulu comedy ‘Mid-Century Modern’ is more than “the gay Golden Girls”
    Nathan Lane joined Deadline on The Actor’s Side to discuss his […]
  • Princess Kate repeated an Alessandra Rich dress for the VE Day service at the Abbey
    The Windsors gathered at Westminster Abbey earlier today for the service […]
  • “Leonardo DiCaprio did not want to be photographed at the Met Gala” links
    Leonardo DiCaprio actually attended the Met Gala with Vittoria Ceretti, his […]
  • OMG, he’s naked RETRO EDITION: Antoine Basler goes full-frontal in ‘Paris s’éveille’ (1991)
    If you’re a fan of vintage bush, check out Antoine Basler […]

Most Commented

Social

Twitter @tlrd | Facebook | Instagram @tlrd

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy
[towleroadmr] [towleroadtn]

Footer

Ptown Hacks 2018

Read

  • Travel
  • Film
  • Law – LGBT Rights
  • Columns
  • Specials

About

  • Advertise
  • Contact Us
  • About Towleroad
  • Towleroad on Social Media
  • Privacy Policy

Copyright © 2025 · Log in

×
×