Constitutional Crisis – Marriage ban on same-sex marriages declared unconstitutional in Virginia

14 02 2014

Virginia’s ban on same-sex Marriage declared unconstitutional.   The judge’s ruling fails the test on whether it violates the Constitution of the United States, as his ruling is prima facie, on the “Declaration of Independence”, which while respected as a basis for the laws of our land, isn’t LAW itself.  Also, from looking there may be a conflict on Article 1 – Sections 1 and 15A of the Constitution of Virginia…

Article 1 Section 15-A. Marriage.

“That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.”

The amendment ratified November 7, 2006, and effective January 1, 2007—Added a new section (15-A).

Article 1 Section 1. Equality and rights of men.

“That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”

This is problematic.  However, on the face, the district judge made a bad ruling.