Response brief field in gay marriage case

Art Kohn reports on AG Herring's stance on gay marriage

RICHMOND, Va. (WAVY) – Attorney General Mark Herring has filed a response brief in the ongoing same-sex marriage case.

Norfolk Federal Judge Arenda Wright Allen ruled the Commonwealth’s ban on same-sex marriage unconstitutional after hearing arguments on both sides in February. Shortly before the arguments, Herring announced his opposition to Virginia’s ban, stating he would not defend the ban in court.

After the judgment, Wright Allen issued a stay in anticipation of an appeal, which was later filed by the defendants. A response brief is a brief filed in response to an opening brief, which is filed by the appealing party.

“All Virginia families deserve to be treated fairly and equally, and that, our Constitution guarantees to each of us,” Herring said. “I remain committed to ensuring that both sides of this argument are heard in court as this case advances so we can get a definitive ruling, but since I changed the Commonwealth’s legal position in January, every federal court that has considered the question has agreed that marriage equality is constitutionally required, including the resounding opinion in our favor in Virginia.”

The appealing party has until April 30 to file any reply briefs. An oral argument in the case has been scheduled for May 13.

 

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