Today the 4th Circuit Court of Appeals struck down Virginia’s ban on marriage for same-sex couples.
This is a historic step forward for equality in the South. Beyond Virginia, the ruling will also affect the other states covered by the 4th Circuit, including North Carolina, South Carolina, and West Virginia, which have similar bans in place. In West Virginia, the district judge considering the challenge to the state’s ban said last month that he would not proceed until the federal appeals court had ruled.
In the majority opinion, the judges noted that bigotry and fear cannot be the basis for the denial of equal rights under the law:
We recognize that same-sex marriage makes some people deeply uncomfortable. However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws.
…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.
For those who claim that marriage bans are legitimate because they were adopted by popular vote, the court quoted a Supreme Court case from 1964:
A citizen’s constitutional rights can hardly be infringed simply because a majority of the people choose that it be.
That one sentence perfectly encapsulates why courts matter.