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West Virginia

Federal judge says suit challenging W.Va. gay marriage ban can proceed

Friday, January 31, 2014

CHARLESTON, W.Va. — A federal judge says most of a lawsuit challenging West Virginia’s ban on same-sex marriage can proceed.

West-VirginiaBut U.S. District Judge Robert C. Chambers says one claim can’t proceed without additional plaintiffs. That claim says West Virginia should recognize gay marriages performed in other states.

This week’s ruling came in a lawsuit filed by Lambda Legal on behalf of three same-sex couples and one couple’s child.

The lawsuit says the Kanawha and Cabell county clerks denied the six adults marriage licenses under the state law, effectively denying them benefits. Those include shared health insurance, reduction of tax liabilities and caretaking decision power.

Lambda Legal senior attorney Karen Loewy tells the Charleston Gazette that the gay rights group is considering whether to add plaintiffs to the case.

West Virginia law bans same-sex marriages and does not recognize same-sex marriages performed in other states.

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13 more reader comments:

  1. Bravo !!!

    Posted on Friday, January 31, 2014 at 3:56pm
  2. good :)

    Posted on Friday, January 31, 2014 at 3:56pm
  3. My wife and I live in WV and we were married in the nation’s Capital.. c’mon WV get your head out if the sticks if it’s good enough for Washington D.C. it’s good enough for us.

    Posted on Friday, January 31, 2014 at 4:00pm
  4. Awesome news, one by one, they will fall

    Posted on Friday, January 31, 2014 at 4:16pm
  5. I hope so!

    Replied on Friday, January 31, 2014 at 8:28pm
  6. Do you not believe in equality for all? Very sad!!!!!

    Replied on Friday, January 31, 2014 at 11:09pm
  7. no federal jusdge will permit discrimination against gays

    Posted on Friday, January 31, 2014 at 4:39pm
  8. Garrett Piersa

    Posted on Friday, January 31, 2014 at 6:41pm
  9. No sensible federal judge, at least

    Posted on Friday, January 31, 2014 at 7:23pm
  10. WE ARE GOING TO WIN!!!!!!!

    Posted on Friday, January 31, 2014 at 9:49pm
  11. thank you :)

    Posted on Friday, January 31, 2014 at 10:12pm
  12. Good judge!

    Posted on Saturday, February 1, 2014 at 1:08am
  13. ANOTHER RED state going GAY!! Love it…

    Posted on Saturday, February 1, 2014 at 2:04pm