They compared the ban on same-sex marriages, local women civil unions and domestic partnerships to Virginia’s discriminatory history of blocking school integration, interracial marriage and the right of women to attend Virginia Military Institute. “Marriage is a fundamental right. The United States Supreme Court has said that something like 14 times, by my count,” said Olson, a former U.S. solicitor general under George W. Bush. The ban “denies them equal dignity because of who they are.” Stripped of the state’s backing, the ban was left to be defended by lawyers for two local circuit court clerks whose jobs include issuing marriage licenses. They raised myriad issues, ranging from Virginia’s 400-year tradition of heterosexual marriage and states’ jurisdiction over domestic matters to the contention that marriage should be reserved for couples that can procreate. “Marriage and procreation are fundamental to the very existence and survival of the race,” said Austin Nimocks of the conservative Alliance Defending Freedom. “Every child has a mother and a father.” Wright Allen said the “for-the-children” rationale fails “because it would threaten the legitimacy of marriages involving post-menopausal women, infertile individuals, and individuals who choose to refrain from procreating.” The couples at the center of the case are Tim Bostic, an English professor, and Tony London, a real estate agent, who filed the lawsuit in Norfolk last July, as well as Carol Schall, an autism researcher, and Mary Townley, who works with special needs youth.
Full story: http://www.usatoday.com/story/news/nation/2014/02/13/virginia-same-sex-marriage/5473687/