Tag: Same-sex couples

Same Sex Marriage Ruling Could Affect West Virginia

Gay-rights groups in three states have a special interest in a federal appeals court hearing on Virginia’s same-sex marriage ban.

A three-judge panel of the 4th U.S. Circuit Court of Appeals will hear arguments Tuesday on a lower court’s ruling striking down Virginia’s ban on gay marriage.

North Carolina, South Carolina and West Virginia also are part of the 4th Circuit. Leaders of gay-rights organizations in those states said Monday that a ruling upholding the Virginia decision could strike down their bans, or at least set a precedent for similar legal challenges.

Maryland also is in the 4th Circuit, but it is one of the 17 states that already allow same-sex marriage.

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.
 

W.Va. Guard issuing ID cards to same-sex spouses

The National Guard in West Virginia is now granting military ID cards to same-sex spouses, ensuring that they get benefits such as health care.
 
     The Charleston Gazette  reported Friday that one ID card has been issued to a same-sex spouse at a National Guard location in Martinsburg. An application is pending at the Air National Guard in Charleston.
 
     The National Guard had been issuing the IDs to same-sex spouses only at its four federally run facilities. The five state-run guard facilities are now doing the same.
 
     Defense Secretary Chuck Hagel had criticized West Virginia and other states that had defied the Pentagon by refusing to allow National Guard facilities to issue ID cards.
 
     West Virginia does not recognize same-sex marriages from other states.
 

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