May, 13 2014, 12:47pm EDT
For Immediate Release
Contact:
Robyn Shepherd, ACLU national, 212-519-7829 or 549-2666; media@aclu.org
Claire Guthrie Gastañaga, ACLU of Virginia, 804-523-2146 or 337-3233; Claire@acluva.org
Jonathan Adams, Lambda Legal, 646-752-3251; jadams@lambdalegal.org
Federal Appeals Court Hears Arguments Against Virginia Marriage Ban
Court Will Hear From Lawyers Representing Class of All Same-Sex Couples in the State
RICHMOND, Va.
A federal appeals court will hear extended arguments today in a challenge to Virginia's constitutional and statutory bans on marriage for same-sex couples.
A federal judge struck down the bans in February in Bostic v. Rainey, a case brought by two couples in Norfolk who are represented by attorneys Ted Olson and David Boies. The American Civil Liberties Union, the ACLU of Virginia, Lambda Legal, and the law firm Jenner and Block represent a certified class of all same-sex couples in the state and joined the Bostic appeal to present arguments on the class's behalf. That class action was initially filed last August on behalf of Joanne Harris and Jessica Duff of Staunton and Christy Berghoff and Victoria Kidd of Winchester.
"We're hopeful that we'll finally be able to pledge our love to each other like any other couple that's ready to make that commitment," said Harris. "Jessi and I are completely devoted to each other, and it's important to us and to our son that our family is recognized in Virginia with all the dignity and protections that only come with marriage."
Harris and Duff have been together for 11 years and are raising a five-year-old son, Jabari. They had a commitment ceremony in 2011. Berghoff and Kidd were married in Washington, DC two years ago, but are considered single in their home state of Virginia. They have a one-year-old daughter, Lydia.
James Esseks, the director of the ACLU Lesbian Gay Bisexual and Transgender Project, will argue for the class during the hearing. Olson will argue for the Bostic plaintiffs and Stuart Raphael, the solicitor general, will argue for the commonwealth.
"All across the country courts are recognizing what a majority of Virginians already know -- that it's unfair to exclude same sex couples from marriage," said Esseks. "Today brings us one step closer to the day when all families are able to marry in their home states. Every family should know that they will be able to care for each other no matter what."
Today's arguments were heard in the U.S. Court of Appeals for the Fourth Circuit. The ruling could affect not only all couples in Virginia, but couples in other states under the court's jurisdiction, including West Virginia, North Carolina, and South Carolina.
"We're in court today because thousands of Virginia's same-sex couples and their families experience real, concrete harms when Virginia marks them as unequal," said Greg Nevins, Lambda Legal Counsel. "Barring same-sex couples from marriage is clearly unconstitutional. We do not want a country divided by unfairness and discrimination. Same-sex couples are in loving, committed relationships in every region of our nation and should be treated the same way, whether they live in Maine or Virginia."
This is the second federal court of appeals this year to hear arguments about the constitutionality of a state marriage ban. The U.S. Court of Appeals for the Tenth Circuit heard arguments in challenges to the Utah and Oklahoma bans last month. Marriage cases are also pending before federal appeals courts for the Fifth (a case from Texas), Sixth (cases from Ohio, Michigan, Kentucky, and Tennessee), and Ninth (a case from Nevada) Circuits.
"All Virginians should be able to marry the person they love," said Claire Guthrie Gastanaga, executive director of the ACLU of Virginia. "The families who are coming before the court today represent all of our loved ones, neighbors, and friends who just want the same recognition any family would want."
More information on this case can be found at: https://www.aclu.org/lgbt-rights/harris-et-al-v-mcdonnell-et-a
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Congressional Progressives Unveil 'Bold' Agenda for Second Biden Term
The Congressional Progressive Caucus says its legislative blueprint for 2025 and beyond aims to "deliver equality, justice, and economic security for working people."
Apr 18, 2024
The Congressional Progressive Caucus on Thursday published a "comprehensive domestic policy legislative agenda" for U.S. President Joe Biden's possible second White House term that seeks to "deliver equality, justice, and economic security for working people."
The CPC's Progressive Proposition Agenda is a seven-point plan aimed at lowering the cost of living, boosting wages and worker power, advancing justice, combating climate change and protecting the environment, strengthening democracy, breaking the corporate stranglehold on the economy, and bolstering public education.
"Progressives are proud to have been part of the most significant Democratic legislative accomplishments of this century. We have made real progress for everyday Americans—but there's much more work to be done," Congressional Progressive Caucus Chair Pramila Jayapal (D-Wash.) said in a statement.
"That's why the Progressive Caucus has identified these popular, populist, and possible solutions," she added. "Democrats in Congress can meet the urgent needs people are facing; rewrite the rules to ensure majorities of this country are no longer barred from the American promise of equality, justice, and economic opportunity; and motivate people with a vision of progressive governance under Democratic majorities in the House and Senate and a Democratic White House."
Progressive lawmakers have already introduced bills for many items on the agenda, including a Green New Deal for Public Schools, expanding the Supreme Court, comprehensive voting rights protection, and legalizing marijuana.
The CPC agenda is backed by a wide range of labor, climate, environmental, civil rights, consumer, faith-based, and other organizations.
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"SEIU is proud to partner with the CPC to move these priorities forward and build a more equitable economy in which corporations are held accountable for their actions," she added.
Mary Small, chief strategy officer at Indivisible, said: "House progressives were the engine at the heart of our legislative accomplishments in 2021 and 2022. They've continued that momentum to be true governing partners to the Biden administration as those laws and programs are implemented."
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The peace coalition No Tech for Apartheid accused Google of a "flagrant act of retaliation" late Wednesday night as the Silicon Valley giant announced it had fired 28 workers over protests against its cloud services contract with the Israeli government.
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Google accused the workers of "bullying," "harassment," defacing property, and physically impeding other employees—allegations No Tech for Apartheid rejected as it noted organizers "have yet to hear from a single executive about" their concerns over Google's collaboration with Israel.
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The organizers staged the sit-ins on the heels of reporting in Time magazine about new negotiations between Google and the Israeli government regarding further potential tech contracts.
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Google employees have a history of harnessing worker power to change policies at the company. In 2018, Google terminated a deal with the U.S. Defense Department to develop drone and artificial intelligence (AI) technology through a contract called Project Maven. The decision followed the resignations of several employees and the condemnation of thousands of workers.
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The House voted 219-199 for Fourth Amendment Is Not For Sale Act (FANFSA), which won support from 96 Democrats and 123 Republicans, including the lead sponsor, Rep. Warren Davidson (R-Ohio). Named for the constitutional amendment that protects against unreasonable searches and seizures, H.R. 4639 would close what campaigners call the data broker loophole.
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Wednesday's vote followed the House sending the Reforming Intelligence and Securing America Act to the Senate. H.R. 7888 would reauthorize Section 702 of the Foreign Intelligence Surveillance Act (FISA), which allows for warrantless spying on noncitizens abroad but also sweeps up Americans' data.
The House notably included an amendment forcing a wide range of individuals and businesses to cooperate with government spying operations but rejected an amendment that would have added a warrant requirement to the bill, which the Senate could vote on as soon as Thursday.
Noting those decisions on the FISA reauthorization legislation, Ruddock stressed that "today's vote is a victory but follows a recent loss and ongoing threat as that Section 702 bill moves to the Senate this week too."
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Jeramie Scott, senior counsel and director of the Electronic Privacy Information Center's Project on Surveillance Oversight, also praised the House's FANFSA passage on Wednesday.
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Sen. Ron Wyden (D-Ore.), a critic of the pending 702 bill and FANFSA's lead sponsor in the upper chamber, called the the House's Wednesday vote "a huge win for privacy" and said that "now it's time for the Senate to follow suit."
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