A federal judge declared Thursday that Virginia’s ban on same-sex marriage is unconstitutional, making it the second state in the South to have restrictions on gay marriages overturned this week.Like so many people before her, the judge erred. The Declaration of Independence, not the Constitution, asserts that all men are created equal.
But gay couples can’t get married just yet in Virginia.
Judge Arenda L. Wright Allen, ruling in U.S. District Court for the Eastern District of Virginia in Norfolk, immediately stayed her decision until the case, Bostic v. Rainey, can be heard by the 4th Circuit Court of Appeals.
"Our Constitution declares that 'all men' are created equal. Surely this means all of us," Allen said in her decision. "While ever-vigilant for the wisdom that can come from the voices of our voting public, our courts have never long tolerated the perpetuation of laws rooted in unlawful prejudice."
In 2011, PolitiFact ridiculed presidential candidate Herman Cain for making a similar mistake.
"Tony (London) and I just want to get married like everyone else can," Tim Bostic said in a statement posted on the website of the American Foundation for Equal Rights, whose lawyers are representing him and the other plaintiffs. "Today’s decision gets us one step closer to making that dream a reality."