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January 20, 2014

Va. emerging as key in marriage fight

RICHMOND, Va. — Almost overnight, Virginia has emerged as a critical state in the nationwide fight to grant gay men and women the right to wed.

This purple state was once perceived as unfriendly and even bordering on hostile to gay rights. That’s changed after a seismic political shift in the top three elected offices, from conservative Republicans to liberal Democrats who support gay marriage.

“Virginia is one of several important battlefronts where we have the opportunity now to build on the momentum, embrace the public’s movement in favor of the freedom to marry and end the discrimination,” said Evan Wolfson, founder and president of New York-based Freedom to Marry, which seeks to have same-sex marriage bans struck down nationwide.

With the election of Gov. Terry McAuliffe and Attorney General Mark Herring, the state made a hairpin turn away from the socially conservative officeholders they succeeded, particularly Republican Attorney General Ken Cuccinelli, an activist on social issues such as abortion and gay marriage. Herring had campaigned, in part, on marriage equality, and McAuliffe issued an executive order on inauguration day prohibiting discrimination against state employees who are gay.

The separate lawsuits intended to topple the constitutional ban on gay marriage have been filed in federal courts, which are typically speedy in Virginia. The issue could ultimately be appealed to the U.S. Supreme Court.

One lawsuit, filed in U.S. District Court in Harrisonburg, involves two couples from the Shenandoah Valley who claim the state’s ban on gay marriage violates the Constitution’s equal protection and due process clauses. The American Civil Liberties Union and Lambda Legal are representing the plaintiffs.

Camilla Taylor, marriage project director for Lambda Legal, said Virginia’s “intriguing” history on marriage rights played a role in filing the challenge here. A 1967 Supreme Court decision involving a Virginia couple invalidated laws on miscegenation, or interracial marriage .

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