Now that Theodore B. Olson, David Boies & the American Foundation for Equal Rights (AFER) have eliminated California’s Proposition 8 they have announced that they have joined the federal constitutional challenge to Virginia’s ban on marriage equality. The Bostic v. Rainey case contends that the Virginia Marriage Amendment & other Virginia laws that prohibit gay & lesbian couples from marrying are unconstitutional. Theodore B. Olson the Plaintiffs’ lead co-counsel stated, “This case is about state laws that violate personal freedoms, are unnecessary government intrusions & cause serious harm to loving gay & lesbian couples. As a Virginian & a conservative, I believe these laws stand against the very principles of our nation’s founding. Our Plaintiffs have been together for a combined 52 years, yet Virginia will not allow their relationship to be recognized in any way. Virginia’s laws violate core personal freedoms, they are humiliating & demeaning & they harm loving families.” David Boies Plaintiffs’ lead co-counsel added, “Virginia gave us the first marriage equality case & the one that most clearly established that the right to marry the person you love is a fundamental right of all Americans. It’s fitting, then, that Virginia be the battleground for another great test of that principle. Gay & lesbian couples are guaranteed the same marriage rights as straight couples & the Commonwealth of Virginia cannot impinge on that fundamental right. Any alternative is separate & unequal and relegates gays & lesbians & the children they are raising, to second class status.” Virginia Marriage Amendment was enacted in November 2006 which amended the Virginia Constitution to define marriage as solely between one man & one woman & bans recognition of any legal status for gays & lesbians couples.
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