Morgantown City Council Backs Same-Sex Civil Marriage

Morgantown’s City Council is asking the Legislature to legalize same-sex civil marriages in West Virginia.
 
     The Dominion Post reports that council members unanimously approved a resolution Tuesday asking lawmakers to approve marriage equality for gay couples. This would include health and pension benefits and tax treatment.
 
     West Virginia doesn’t allow same-sex marriage or recognize those that occurred in other states.   
 
     The council also unanimously endorsed a bill introduced by Senate President Jeff Kessler that would make it unlawful for employers and landlords to discriminate against individuals based on their sexual orientation.
 
     Both resolutions were presented by the Morgantown Human Rights Commission.
 
 

Attorney General, Kanawha Co. Clerk Ask Judge to Dismiss W.Va. Gay Marriage Lawsuit

State and local officials are seeking the dismissal of a lawsuit challenging West Virginia’s ban on gay marriage.
 
     The Charleston Gazette reports that the West Virginia Attorney General’s Office and Kanawha County Clerk Vera McCormick asked a federal judge this week to dismiss the case.

     New York-based gay rights group Lambda Legal filed the federal lawsuit in October on behalf of three same-sex couples and the child of one couple. The lawsuit contends West Virginia’s Defense of Marriage Act unfairly discriminates against same-sex couples and their children.
 
     A motion filed by assistant attorney general Julie Ann Warren contends that the plaintiffs have no legal basis to challenge the law.
 
     A separate motion filed by McCormick’s attorney says the matter should be handled by the state’s legislative process.
 

Kanawha Co. clerk seeks delay in gay marriage lawsuit

The clerk of West Virginia’s biggest county says she needs more time to answer a lawsuit over the state’s ban on same-sex marriages.
 
     Kanawha County Clerk Vera McCormick filed a motion in U.S. District Court in Charleston, asking the deadline for her response be extended past Wednesday.
 
     The New York-based gay rights group Lambda Legal sued earlier this month, declaring West Virginia’s Defense of Marriage Act a violation of the 14th Amendment of the U.S. Constitution.
 
     It filed a similar lawsuit challenging Virginia’s gay marriage ban in September.
 
     McCormick says the case involves constitutional questions of widespread importance, and 21 days is not long enough for her to prepare.
 
     She also says it’s unfair to require a response before she knows whether the state Attorney General is going to intervene.
 

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