Washington, DC –Today, the United States Supreme Court denied review of all petitions for writ of certiorari in all cases regarding the question of marriage equality, including Bostic v. Schaefer, the federal constitutional challenge to Virginia’s marriage ban.

With today’s Supreme Court order, gay and lesbian couples in Virginia, Utah, Wisconsin, Indiana and Oklahoma will be able to marry once the appellate courts’ mandates are officially issued – a victory of national significance for thousands of gay and lesbian couples and their children across the United States.

On July 28, 2014, the United States Court of Appeals for the Fourth Circuit concluded that Virginia’s marriage ban violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, affirming the February 2014 judgment that initially struck down Virginia’s Marriage Amendment.  The defendants recently asked the Supreme Court to review the Fourth Circuit’s judgment.  The Supreme Court’s decision today not to grant review makes the Fourth Circuit’s decision final, bringing marriage equality to the first state in the South.

“This is a momentous victory for the constitutional promise of equality, dignity and justice for all Americans,” said Theodore B. Olson of Gibson Dunn & Crutcher LLP, Plaintiff’s lead co-counsel. “Today, I am proud to call myself a Virginian. With the Commonwealth’s discriminatory marriage ban finally and conclusively struck down, we are one giant step closer to the day that all Americans, not just Virginians, can enjoy their right to marriage equality under the law.”

“Those who drew and ratified our Constitution over two centuries ago set out to form a more perfect Union. Today, that goal has once again been realized,” said Plaintiff’s lead co-counsel David Boies of Boies, Schiller & Flexner LLP. “The unjust and unlawful discrimination imposed by laws like Virginia’s marriage ban have seen their final days. Our Constitution promises freedom and justice for all, and today that promise was fulfilled for thousands of gay and lesbian Virginians and their families.”

The American Foundation for Equal Rights (AFER) is the primary sponsor of the Bostic case. AFER brought together the bipartisan legal team of Ted Olson and David Boies to fight California’s Proposition 8 in Hollingsworth v. Perry. Perry was the first case involving the right to marry for gay and lesbian Americans to be fully briefed and argued before the Supreme Court, and the first case in which a U.S. Court of Appeals found a state’s marriage ban unconstitutional.

“A majority of Americans, more than 30 state and federal courts, scores of political and religious leaders, countless Fortune 500 Companies, and our President have all long believed in the promise of equality for gay and lesbian Americans,” said AFER Executive Director Adam Umhoefer. “While today brings justice to 5 more states, there are still 26 states that treat their gay and lesbian neighbors like second-class citizens. We hope that the Supreme Court’s order today will lead to all 50 states enjoying the freedom to marry very soon.”

“What a great day to be a Virginian, and a great day to be an American,” said Plaintiff Tim Bostic. “Today, we have made history in the South, and I can’t wait for the day that all of our fellow Americans feel the same way and have the same rights that we do today.”

“Because of this decision, one of my most important dreams has finally come true: The dream that my family will be recognized just like every other family in Virginia,” said Emily, daughter of plaintiffs Carol Schall and Mary Townley. “I am so thankful that other children like me can finally hold their heads high knowing their families matter and are finally equal. I cannot wait for the day that all American kids, no matter where they live and no matter who their parents are, are treated equally.”

“This is a wonderful day for our clients and all Virginians,” said Tom Shuttleworth of Shuttleworth, Ruloff, Swain, Haddad & Morecock, who also represented the Plaintiffs. “I am proud that Virginia has joined the other 19 states on the right side of history. It has been a great honor and privilege for our firm and team of exceptional lawyers to help lead this amazing journey from its beginning days in Norfolk, Virginia.”

In August 2014, each defendant asked the Supreme Court to review the July 28, 2014 decision of the United States Court of Appeals for the Fourth Circuit, which affirmed the February 2014 judgment that struck down Virginia’s Marriage Amendment.

In July 2014, the Circuit Court held:

“The choice of whether and whom to marry is an intensely personal decision that alters the course of an individual’s life. Denying same-sex couples this choice prohibits them from participating fully in our society, which is precisely the type of segregation that the Fourteenth Amendment cannot countenance.”

The Supreme Court’s denial of defendants’ request for review, known as a petition for a writ of certiorari, makes final the Fourth Circuit’s decision that found Virginia’s marriage ban unconstitutional.
READ THE FOURTH CIRCUIT’S DECISION HERE >

READ THE FEDERAL DISTRICT COURT’S DECISION HERE >

Washington, DC – Today, the United States Supreme Court indicated that it will consider whether to grant review of appeals in Bostic v. Schaefer, the federal constitutional challenge to Virginia’s discriminatory Marriage Amendment.  The Bostic case, along with four other cases challenging marriage bans in Utah, Oklahoma, Wisconsin, and Indiana will be considered at the Justices’ private conference scheduled for September 29.

“Gay and lesbian couples in Virginia should not have to wait another day to enjoy their right to marry,” said AFER Executive Director, Adam Umhoefer. “The distribution of our case for the Court’s consideration brings us one step closer to our mission of marriage equality for all Americans. Our Constitution’s guarantee of liberty and equality soon will be realized for all loving and committed couples, no matter what state they reside in.”

The Court is expected to release an Orders List on October 6, 2014, that will indicate which – if any – marriage equality case or cases it will consider for its 2014-2015 term.

Bostic was filed in the United States District Court for the Eastern District of Virginia in July 2013 to challenge Virginia’s marriage laws on the grounds that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States Constitution. On February 13, 2014, U.S. District Court Judge Arenda L. Wright Allen ruled that all laws prohibiting gay and lesbian couples from marrying in Virginia are unconstitutional, and recognized that they single out gay and lesbian Virginians for a disfavored legal status, thereby creating a category of “second-class citizens.” The U.S. Court of Appeals for the Fourth Circuit affirmed that ruling on July 28, 2014.

In August 2014, each defendant asked the Supreme Court to review the Fourth Circuit’s judgment.  A request for Supreme Court review, known as a petition for a writ of certiorari, is only granted upon an affirmative vote of four Justices.

The Supreme Court has the option to grant multiple marriage cases, grant only one, delay consideration of any cases, or deny all of them. Should the Court grant review in Bostic, the Justices will go on to consider whether Virginia’s marriage ban violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

If the Court denies review in Bostic, the July 2014 decision of the United States Court of Appeals for the Fourth Circuit that struck down Virginia’s marriage ban will be binding and gay and lesbian Virginians will be able to marry in the Commonwealth.

READ AFER PLAINTIFFS’ RESPONSE TO STATE PETITION FOR CERTIORARI > 

READ THE FOURTH CIRCUIT’S DECISION HERE >

READ THE FEDERAL DISTRICT COURT’S DECISION HERE > 

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which the U.S. Court of Appeals for the Fourth Circuit upheld the Federal District Court decision that found all laws prohibiting gay and lesbian couples from marrying in the Commonwealth of Virginia unconstitutional. To learn more, visit www.afer.org.

Washington, DC – Today, lawyers for the plaintiffs in Bostic v. Schaefer, the Virginia marriage equality case sponsored by the American Foundation for Equal Rights (AFER), filed a response with the United States Supreme Court in support of the Commonwealth’s petition to urge the high court to review the Bostic case and resolve the incredibly important question it presents.

Virginia Attorney General Mark Herring, on behalf of Registrar of Vital Records Janet Rainey, asked the Supreme Court to review the Bostic case in its next term to decide the question of marriage equality once and for all. The state filed its petition for writ of certiorari, or request for review, on Friday, August 8, 2014.

“Forty-seven years ago, Mildred and Richard Loving passionately argued that the Supreme Court must end the unjust laws that dare to tell us who we can and cannot love,” said Plaintiffs’ lead co-counsel Ted Olson of Gibson, Dunn & Crutcher LLP. “Today, almost half a century later, it is time thousands of gay and lesbian couples across America are extended that same promise of equality and freedom that the Supreme Court granted to the Lovings. Our plaintiffs have already fought for, in two separate courts, a constitutional promise they have been denied. Now, the Supreme Court must take up the Bostic case, answer once and for all the surpassingly important constitutional question of marriage equality, and rule decisively in favor of the fundamental right to marry for every same-sex couple.”

Bostic was filed in the United States District Court for the Eastern District of Virginia in July 2013 on behalf of two loving Virginia couples—Tim Bostic and Tony London of Norfolk, and Carol Schall and Mary Townley of Richmond—to challenge the constitutionality of Virginia’s marriage laws on the grounds that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment.

“Tony and I filed this case simply because we love each other, the same way as every other couple across this country loves one another,” said plaintiff Tim Bostic. “We are eager for the Supreme Court to review this case and rule in our favor so that Virginia can finally have marriage equality. We believe the court has to rule in favor of the freedom to marry for all couples like us and end this unjustifiable discrimination.”

The American Foundation for Equal Rights (AFER) is the primary sponsor of the Bostic case.

“This case is about justice and about redeeming the constitutional guarantee of equality for countless gay and lesbian couples has been denied for far too long,” said Adam Umhoefer, executive director of American Foundation for Equal Rights. “Since AFER’s founding, we have looked toward a day when all Americans, gay or straight, can marry the person they love. We have successfully argued in favor of marriage equality once before at the Supreme Court and restored the freedom to marry in California. We are prepared to argue the case for freedom and equality for all couples across the nation, and the Supreme Court must rule in favor of the fundamental right to marry for all Americans.”

On February 13, 2014, U.S. District Court Judge Arenda L. Wright Allen ruled that the Commonwealth’s marriage laws were unconstitutional. The U.S. Court of Appeals for the Fourth Circuit affirmed that ruling on July 28, 2014. Marriages were set to begin on August 21, 2014, but the Supreme Court issued an emergency stay pending review of petitions for writ of certiorari.

Should the Supreme Court agree to hear the AFER case, the stay issued August 20, 2014 will remain in place until the case has been fully briefed, argued, and decided by the high court.

READ AFER’S BRIEF HERE: https://afer.org/wp-content/uploads/2014/08/2014-08-27-Bostic-Brief-in-Support-of-Certiorari.pdf

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which the U.S. Court of Appeals for the Fourth Circuit upheld the Federal District Court decision that found all laws prohibiting gay and lesbian couples from marrying in the Commonwealth of Virginia unconstitutional. To learn more, visit www.afer.org.

Washington, DC – Today, the United States Supreme Court granted an emergency request to stay the mandate of the United States Court of Appeals for the Fourth Circuit’s decision that found Virginia’s marriage ban unconstitutional.

Marriages for gay and lesbian couples were set to begin at 8 a.m. on Thursday, August 21, 2014. The Supreme Court’s stay prevents marriages from taking place pending further appeal.

The Supreme Court has been asked by the Commonwealth of Virginia to consider the Bostic case in its next term to decide the question of marriage equality. The state filed its petition for writ of certiorari, or request for review on Friday, August 8, 2014. In light of the stay, lawyers for the Bostic plaintiffs intend to file a response in support of the Commonwealth’s petition to urge the Supreme Court to review the Bostic case and resolve the incredibly important question it presents.

“Never before have federal courts across this country so swiftly, convincingly, and unanimously come to the same conclusion on an imperative constitutional question as they have when presented with the issue of marriage equality,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner, LLP. “The federal court system agrees, the majority of Americans agree, and the President of the United States agrees that it is time this country treats its same-sex couples and their children just the same as all other loving families. We are confident that when the Supreme Court reviews the Bostic case, it too will agree and end the flagrant injustice of segregating Americans based on sexual orientation.”

Should the Supreme Court agree to hear the case, the stay issued today will remain in place until the case has been fully briefed, argued, and decided by the high court.

“Tony and I look forward to the day that we can finally be married in our home state,” said Tim Bostic, Plaintiff. “While we are disappointed that marriages will have to wait, this was not unexpected. We feel that this case deserves to be heard by the Supreme Court and be finally decided for all Americans. There are thousands of couples just like us in 30 other states waiting to get married. It is time for all Americans to be able to enjoy the freedom to marry, no matter what state they live in.”

The American Foundation for Equal Rights (AFER) is the primary sponsor of the Bostic case.

“Every federal court across the nation has reached the same conclusion: there is simply no reason to deny loving, committed gay and lesbian couples the freedom to marry,” said Adam Umhoefer, executive director of American Foundation for Equal Rights. “Having successfully restored marriage equality in California following the first ever Supreme Court oral argument on the constitutionality of marriage for same-sex couples, AFER looks forward to achieving its mission of securing the fundamental right to marry for all Americans.”

Bostic was filed in the United States District Court for the Eastern District of Virginia in July 2013 to challenge Virginia’s marriage laws on the grounds that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States Constitution.

On February 13, 2014, U.S. District Court Judge Arenda L. Wright Allen ruled that all laws prohibiting gay and lesbian couples from marrying in Virginia are unconstitutional, and recognized that they single out gay and lesbian Virginians for a disfavored legal status, thereby creating a category of “second-class citizens.” The U.S. Court of Appeals for the Fourth Circuit affirmed that ruling on July 28, 2014.

READ THE ORDER HERE >

• Elizabeth Riel: 310.560.4886 or elizabeth@afer.org
• Nicholas Graham: 703.863.3373
• AFER Office: 323.892.2081

Richmond, VA – Today, in a historic decision that represents a major milestone in the march toward marriage equality, the United States Court of Appeals for the Fourth Circuit in Richmond, Va. affirmed a District Court decision in Bostic v. Schaefer that held Virginia’s ban on marriage for gay and lesbian couples is unconstitutional.

Hollingsworth v. Perry, the AFER-led challenge to California’s Proposition 8, was the first lawsuit in which a federal court of appeals ruled in favor of marriage equality.

The decision also paves the way for West Virginia, North Carolina, and South Carolina to strike down their marriage bans as those states are under the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit. Marriage equality has been legal in Maryland, the fifth state in the Fourth Circuit, since January, 2013

“Today’s decision stands as a testament that all Americans are created equal and denying loving gay and lesbian couples the opportunity to marry is indefensible,” said Plaintiffs’ lead co-counsel Theodore B. Olson of Gibson, Dunn & Crutcher LLP.

“Today’s decision recognizes that marriage is one of the most fundamental rights – if not the most fundamental right – of all Americans,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner LLP. “This court has affirmed that our plaintiffs – and all gay and lesbian Virginians – no longer have to live as second class citizens who are harmed and demeaned everyday.”

“Each and every milestone in this fight for marriage equality brings Tony and me one step closer to making our dream of being married a reality,” said Plaintiff Tim Bostic. “Our victory today reminds us why we filed this lawsuit – to fight for respect and full equality not only for us, but for all Virginians.”

“The Circuit Court’s decision reminds me of how proud I am to be a Virginian,” said Plaintiff Carol Schall. “Mary and I have lived here for over forty years, have been in a wonderful relationship for nearly thirty, and have raised a beautiful daughter here in our home state. We could not be more thrilled with the judges’ decision.”

The American Foundation for Equal Rights (AFER) is the primary sponsor of Bostic v. Schaefer. AFER brought together the bipartisan legal team of Olson and Boies to fight California’s Proposition 8 in Hollingsworth v. Perry. The Perry case was the first case involving the right of gay and lesbian Americans to marry ever to be fully briefed and argued before the Supreme Court and the first case in which a U.S. Court of Appeals found a state’s marriage ban unconstitutional.

“We have reached another milestone in our fight for full federal marriage equality,” said AFER executive director Adam Umhoefer. “There is no denying it: Americans want their gay and lesbian family members, friends, neighbors and co-workers to enjoy the same rights they enjoy—rights that are guaranteed by our Constitution and its promise of liberty and justice for all. Today’s decision helps ensure each and every state lives up to that promise.”

“This is a great day for our clients and all Virginians,” said Tom Shuttleworth of Shuttleworth, Ruloff, Swain, Haddad & Morecock, who is also representing the Plaintiffs. “Today’s decision continues Virginia’s progress toward ensuring all loving couples are guaranteed their freedom to marry the person whom they love.”

In November 2006, voters in the Commonwealth amended the Virginia Constitution to define marriage as solely between one man and one woman and ban recognition of any legal status “approximat[ing] the design, qualities, significance, or effects of marriage” for gays and lesbians. Preexisting laws also banned marriage for same-sex couples in Virginia.

Bostic was filed in the United States District Court for the Eastern District of Virginia in July 2013 on behalf of two loving Virginia couples—Tim Bostic and Tony London of Norfolk, and Carol Schall and Mary Townley of Richmond—to challenge the constitutionality of these laws on the grounds that they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States Constitution.

On February 13, 2014, U.S. District Court Judge Arenda L. Wright Allen ruled that all laws prohibiting gay and lesbian couples from marrying in Virginia are unconstitutional, and recognized that they single out gay and lesbian Virginians for a disfavored legal status, thereby creating a category of “second-class citizens.”

Since its founding in 2009, AFER has fought for full federal marriage equality for all Americans.

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which the U.S. Court of Appeals for the Fourth Circuit upheld the Federal District Court decision that found all laws prohibiting gay and lesbian couples from marrying in the Commonwealth of Virginia unconstitutional. To learn more, visit www.afer.org.

• Elizabeth Riel: 310.560.4886 or elizabeth@afer.org
• Nicholas Graham: 703.863.3373
• AFER Office: 323.892.2081

Richmond, VA – Today, in a historic milestone for the marriage equality movement, the United States Court of Appeals for the Fourth Circuit heard oral argument for the first time on the constitutionality of whether gay and lesbian couples have the right to marry. The United States District Court for the Eastern District of Virginia ruled in February in Bostic v. Schaefer that laws prohibiting gay and lesbian couples from marrying in the state are unconstitutional as they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution.

The plaintiffs, represented by the bipartisan legal team of Theodore B. Olson and David Boies, defended their District Court victory and asked the Court of Appeals to affirm that gay and lesbian couples are due their fundamental right to marry.

“Today, the Fourth Circuit heard precisely why our plaintiffs and gay men and lesbians across the country are entitled to exercise their fundamental right to marry.  Our plaintiffs have shared decades of love and commitment, and they desire nothing more than to have their home state recognize those relationships,” said lead co-counsel Theodore B. Olson of Gibson, Dunn & Crutcher LLP. “Tim & Tony and Carol & Mary are asking the Fourth Circuit Court of Appeals to honor their fundamental freedom to marry and to treat them with equal dignity and respect under the law.”

“Our plaintiffs represent thousands of Virginians – and millions of Americans – who have been denied their fundamental right to marry the person whom they love,” said lead co-counsel David Boies of Boies, Schiller & Flexner LLP. “These discriminatory laws excluding loving gay and lesbian couples from marriage violate their personal freedom and cause them and their families serious harm.”

Tim Bostic, an English professor, and Tony London, a real estate agent, of Norfolk have been together for 24 years. They are joined by Carol Schall, an autism researcher, and Mary Townley, who also works with special needs youth, from Richmond. Carol and Mary have been together for 28 years and are raising a 16-year-old daughter. They obtained a marriage license from the State of California in 2008.

“We are a family, always have been, always will be,” said Plaintiff Carol Schall. “Our family is founded on love and trust, and we just want Virginia to acknowledge that simple and profound truth.”

“For me, my friends, teachers, coaches, and everyone else who knows me, this is my family,” said Emily Schall-Townley, daughter of Plaintiffs Carol and Mary. “I have been and continue to be raised in a loving, nurturing supportive family.”

“When Tony and I filed this lawsuit, it was very personal,” said Plaintiff Tim Bostic. “However, the time has come to fight for marriage equality not only for us, but for every loving gay and lesbian couple in our state – and hopefully for every American.”

The American Foundation for Equal Rights (AFER), which successfully sponsored the constitutional challenge that eliminated California’s Proposition 8, is the sole sponsor of Bostic v. Schaefer.

“We have reached another historic milestone in the fight for marriage equality,” said AFER Executive Director Adam Umhoefer. “I am hopeful the Court will uphold our District Court victory and affirm that every gay and lesbian American must be treated equally under the law. Denying a fundamental right to thousands of loving couples like our plaintiffs, and their families, is indefensible.”

Today’s appeal of the District Court’s February 13th decision was heard by a three-judge panel: Judge Henry F. Floyd, Judge Roger L. Gregory, and Judge Paul V. Niemeyer.

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which a Federal District Court ruled unconstitutional all laws prohibiting gay and lesbian couples from marrying in the Commonwealth of Virginia. To learn more, visit www.afer.org.

• Elizabeth Riel: 310.560.4886 or elizabeth@afer.org
• AFER Office: 323.892.2081

Richmond, VA – On Monday, March 10, 2014, the U.S. Court of Appeals for the Fourth Circuit granted AFER’s proposed motion for an expedited briefing schedule in Virginia’s marriage equality case, Bostic v. Schaefer (formerly Bostic v. Rainey). On February 13, 2014, the Federal District Court for the Eastern District of Virginia ruled in Bostic v. Rainey that laws prohibiting gay and lesbian couples from marrying in the Commonwealth are unconstitutional as they violate the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. AFER is the sole sponsor of the Bostic case, and the ruling is the first of its kind in the American South.

Defendants-Appellants’ opening briefs in Bostic v. Schaefer are due March 28th, and Plaintiffs-Appellees’ reply is due April 11th. Oral arguments have been tentatively scheduled for the week of May 12.

The Court also granted the plaintiffs in a parallel case, Harris v. Rainey, permission to intervene on the side of plaintiffs in Bostic v. Schaefer.

AFER Executive Director Adam Umhoefer issued the following statement:

“AFER is thrilled that the Fourth Circuit has granted its request to expedite the hearing schedule in our Plaintiffs’ marriage equality case. The Fourth Circuit clearly recognizes the importance of the Bostic case to thousands of gay and lesbian Virginians and their families, and AFER looks forward to presenting our arguments before the court in May. We welcome the Harris case as intervenors in support of our Plaintiffs’ case.”

AFER’s motion for an expedited briefing schedule was filed February 27, 2014, and was consented to by all parties. The identity of the panel hearing the case will not be disclosed until the morning of arguments.

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Schaefer, the federal constitutional challenge in which a Federal District Court ruled unconstitutional all laws prohibiting gay and lesbian couples from marrying in the Virginia Commonwealth. To learn more, visit www.afer.org.

PRESS CONTACTS:

• Nicholas Graham: nicholas@afer.org or 703.863.3373
• Elizabeth Riel: elizabeth@afer.org or 310.560.4886

NORFOLK, VA – On Monday, February 24, 2014, Virginia Attorney General Mark Herring and Clerk of Court for Norfolk Circuit Court George E. Schaefer, III filed notices of appeal in the U.S. Court of Appeals for the Fourth Circuit in Bostic v. Rainey, the legal challenge to Virginia’s laws prohibiting gay and lesbian couples from marrying.

Should the Fourth Circuit uphold the District Court’s decision, similar laws throughout North Carolina, South Carolina, and West Virginia may also be found unconstitutional.

Adam Umhoefer, executive director of the American Foundation for Equal Rights, issued the following statement:

“The District Court ruled firmly and decisively in favor of gay and lesbian Virginians by striking down the Commonwealth’s discriminatory laws as wholly unconstitutional and exceptionally harmful. Loving gay and lesbian couples and their families should not have to live one more day as second-class citizens under unjust laws. We urge the Fourth Circuit to expedite the appeal process so that soon all Virginians — and hopefully all Americans — will have the freedom to marry the person they love and their rights fully realized.”

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Rainey, the federal constitutional challenge in which a Virginia Federal District Court ruled unconstitutional all laws prohibiting gay and lesbian couples from marrying in the Commonwealth. To learn more, visit www.afer.org.

• Elizabeth Riel 310-560-4886 or elizabeth@afer.org
• Nicholas Graham 703-863-3373 or nicholas@afer.org
• AFER Office 323-892-2081

Virginia’s Discriminatory Marriage Laws Are UNCONSTITUTIONAL: Federal District Court Finds in Favor of Plaintiffs in Bostic v. Rainey

AFER-Led Challenge Brings Marriage Equality to the South
District Court: “Virginia law that bars same-sex marriage or prohibits Virginia’s recognition of lawful same-sex marriages from other jurisdictions unconstitutional.”

Norfolk, VA – Today, in a historic decision that continues the national momentum toward marriage equality, the United States District Court for the Eastern District of Virginia ruled in Bostic v. Rainey that Virginia’s ban on marriage for gay and lesbian couples is unconstitutional.  The court held that Virginia’s laws prohibiting gay men and lesbians from marrying—including a provision in the Virginia Constitution that prohibits marriage equality in the state—violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

“We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect,” Judge Arenda L. Wright Allen wrote in her 41 page decision. “The men and women, and the children too, whose voices join in noble harmony with Plaintiffs today, also ask for fairness, and fairness only. This, so far as it is in this Court’s power, they and all others shall have.”

“Through its decision today, the court has upheld the principles of equality upon which this nation was founded,” said Plaintiffs’ lead co-counsel Theodore B. Olson of Gibson, Dunn & Crutcher LLP.  “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status.  Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm.  That type of law cannot stand.”

• Read the decision >

In November 2006, voters in the Commonwealth amended the state constitution to define marriage as solely between one man and one woman and ban recognition of any legal status “approximat[ing] the design, qualities, significance, or effects of marriage” for gays and lesbians.  Preexisting laws also banned same-sex marriage in Virginia.

“The United States Supreme Court has stated fourteen times that the freedom to marry is one of the most fundamental rights—if not the most fundamental right—of all Americans ,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner LLP.  “The denial of that fundamental freedom to marry the person you love and be treated with equal dignity and respect seriously harms gay and lesbian Americans and the children they are raising.”

The American Foundation for Equal Rights (AFER) is the sole sponsor of Bostic v. Rainey.

“The court’s decision is clear: where you live should not determine who you can marry,” said AFER executive director Adam Umhoefer. “Everyone—in Virginia and every other state—should have the freedom to dedicate their life to the person they love, and every state should recognize that right equally among all Americans.  Today’s victory gets us one step closer to making that a reality.”

“This is a proud day for Virginia,” said Tom Shuttleworth of Shuttleworth, Ruloff, Swain, Haddad & Morecock, who is also representing the Plaintiffs.  “Because of today’s decision, the Plaintiffs in our case and countless gay and lesbian couples in Virginia are one step closer to being able to exercise the freedom to marry the person they love.”

The Plaintiffs in the case are Tim Bostic, an English professor, and Tony London, a real estate agent, who live in Norfolk and have been together for 24 years.  They are joined by Carol Schall, an autism researcher, and Mary Townley, who also works with special needs youth, from Richmond.  Carol and Mary have been together for 28 years and have a sixteen-year-old daughter.  They obtained a marriage license from the State of California in 2008.

“I am proud to say that today I am equal under the law in my home state of Virginia,” said Plaintiff Tim Bostic.  “Tony and I just want to get married like everyone else can.  Today’s decision gets us one step closer to making that dream a reality.”

“Mary and I have raised a beautiful daughter, own a home, and have careers that allow us to be a part of our community on many levels,” said Plaintiff Carol Schall.  “For us, marriage is about love and commitment and our family having the recognition and protection other families enjoy.  Today’s decision makes us incredibly proud of our state and our country.”

AFER brought together the bipartisan legal team of Olson and Boies to continue the fight for marriage equality through Bostic.  Olson and Boies led the legal team that successfully challenged California’s Proposition 8 through all federal court levels in Hollingsworth v. Perry.  The Supreme Court decision in Perry made permanent the landmark United States District Court ruling that found Proposition 8 unconstitutional and reinstated the freedom to marry for gays and lesbians in California.

The Perry case was the first case involving the right of gay and lesbian Americans to marry ever to be fully briefed and argued before the Supreme Court.  Since the Perry case was decided by the Supreme Court, four states, including Virginia, have removed barriers to marriage equality or legalized marriage for same-sex couples.

Since its founding in 2009, AFER has fought for full federal marriage equality for all Americans.

Read the decision >

 ###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Rainey, the federal constitutional challenge to Virginia’s discriminatory and harmful Marriage Amendment. To learn more, visit www.afer.org.

PRESS CONTACTS:

• Elizabeth Riel: 310-560-4886 or elizabeth@afer.org
• Nicholas Graham: 703-863-3373 or nicholas@afer.org
• AFER Office: 323-892-2081

AFER’s Legal Team Presents Evidence Demonstrating “Real and Significant” Harm Being Done to Gay and Lesbian Virginians

Norfolk, VA – Today, in a historic milestone for the marriage equality movement, the United States District Court for the Eastern District of Virginia heard oral argument for the first time on the  constitutionality of Virginia’s marriage ban through Bostic v. Rainey.  The Plaintiffs in the case, represented by the bipartisan legal team of Theodore B. Olson and David Boies, argued that the provision in the Virginia Constitution that prohibits marriage equality in the state violates the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.

Virginia Attorney General Mark Herring attended Tuesday’s hearing two weeks after announcing his decision not to defend the ban on marriage for Virginia’s same-sex couples.

“As a proud Virginian, I am gratified to represent two loving couples in my home state who want nothing more than to have the state recognize their relationships,” said Plaintiffs’ lead co-counsel Theodore B. Olson of Gibson, Dunn & Crutcher LLP.  “Virginia’s prohibition on marriage for same-sex couples relegates gay and lesbian Virginians to second-class status.  Laws excluding gay men and lesbians from marriage violate personal freedom, are an unnecessary government intrusion, and cause serious harm.  That type of law cannot stand.”

“The United States Supreme Court has stated fourteen times that the freedom to marry is one of the most fundamental rights—if not the most fundamental right—of all Americans ,” said Plaintiffs’ lead co-counsel David Boies of Boies, Schiller & Flexner LLP.  “The denial of that fundamental freedom to marry the person you love and be treated with equal dignity and respect seriously harms gay and lesbian Americans and the children they are raising.”

The Plaintiffs in the case are Tim Bostic, an English professor, and Tony London, a real estate agent, who live in Norfolk and have been together for 24 years.  They are joined by Carol Schall, an autism researcher, and Mary Townley, who also works with special needs youth, from Richmond.  Carol and Mary have been together for 28 years and have a sixteen-year-old daughter.  They obtained a marriage license from the State of California in 2008.

“Tony and I want our relationship to be recognized just like everyone else’s. We want to be married,” said Plaintiff Tim Bostic.  “Today’s hearing serves as the first step toward making that dream a reality not just for me and Tony, but for countless other gay and lesbian couples in Virginia and across the nation.”

“We are very grateful for the opportunity to present our case before the court and to share why marriage is important to our family,” said Plaintiff Carol Schall. “As parents, we want the best for our daughter and know that it would mean a lot to her if our family was treated just like every other family. We want that for all Virginians, no matter who they are or who they love.”

The American Foundation for Equal Rights (AFER), which successfully sponsored the constitutional challenge that eliminated California’s Proposition 8, is the sole sponsor of Bostic v. Rainey.

“Everyone—in Virginia and every other state—should have the freedom to dedicate their life to the person they love, and every state should recognize that right equally among all Americans,” said AFER executive director Adam Umhoefer. “We have presented a strong case for marriage equality, and believe that the court will rule on the side of justice.”

“The argument we made today— that laws prohibiting marriage equality single out gay and lesbian Virginians as unequal under the law—is undeniable,” said Plaintiffs’ co-counsel Tom Shuttleworth of Shuttleworth, Ruloff, Swain, Haddad & Morecock. “I am confident the court will rule that the right to marry the person you love is a fundamental right of all Americans, not just a select few.”

AFER brought together the bipartisan legal team of Olson and Boies to join Shuttleworth to continue the fight for marriage equality through Bostic.  Olson and Boies led the legal team that successfully challenged California’s Proposition 8 through all federal court levels in Hollingsworth v. Perry.  The Supreme Court decision in Perry made permanent the landmark United States District Court ruling that found Proposition 8 unconstitutional and reinstated the freedom to marry for gays and lesbians in California.

The Perry case was the first case involving the right of gay and lesbian Americans to marry ever to be fully briefed and argued before the Supreme Court.  Since the Perry case was decided by the Supreme Court, four states, including Virginia, have removed barriers to marriage equality or legalized marriage for same-sex couples.

Since its founding in 2009, AFER has fought for full federal marriage equality for all Americans.

###

About the American Foundation for Equal Rights

Since its founding in 2009, the American Foundation for Equal Rights has fought for full federal marriage equality for all Americans.  As the sole sponsor of the federal constitutional challenge to California’s Proposition 8, AFER brought together bipartisan attorneys Theodore B. Olson and David Boies to secure a victory at the United States Supreme Court that restored marriage equality to our nation’s most populous state.  AFER continues its legacy of fighting for marriage equality for all Americans through Bostic v. Rainey, the federal constitutional challenge to Virginia’s discriminatory and harmful Marriage Amendment. To learn more, visit www.afer.org.