Court strikes Va. gay marriage ban

7/28/2014, 9:58 p.m.

"Marriage will ALWAYS be between a man and a woman."

So said the Virginia Christian Alliance in response to the Monday ruling striking down Virginia's ban on same sex marriage.

"Today the U. S. Court of Appeals for the Fourth Circuit Court took another 'court ax' to both the will of the people of the Commonwealth of Virginia and to the moral authority of our nation," continued the alliance.

"Our courts are endorsing moral failure in our society as 'normal'. Habitual moral failure which used to be called 'vice', can be lived with only by obliterating conscience through rationalization. We assert bad for good."

The Fourth Circuit Court of Appeals became just the second federal appeals court since last year's Windsor case to affirm what gay marriage proponents call "marriage equality". The court agreed with Virginia Attorney General Mark Herring's argument that the 14th Amendment's Equal Protection and Due Process clauses require the states to treat all couples equally.

The court's majority agreed with Herring's position that marriage is a fundamental right and same-sex couples are equally entitled to that protection. They further agreed that the state's reasons for denying marriage rights to same-sex couples failed to meet the threshold required for limiting a fundamental right.

"Today is yet another victory for the principle of equality that is so central to the American experience, and I am proud that the Commonwealth of Virginia is leading on one of the most important civil rights issues of our day," said Herring. "The Fourth Circuit, the 10th Circuit, and every federal district court that has considered the question since Windsor has reached the same conclusion we did about the Constitutional guarantee of marriage equality.

"But this is about much more than who wins or loses in court. We should never lose sight of the fact that we are fighting for the right of loving, committed couples to enter into the bonds of marriage. These fellow Virginians are asking the Commonwealth to convey to them the same rights and responsibilities that every other couple enjoys. They are asking to be treated equally, and if our Constitution guarantees anything, surely it is that."

Because of the rules of the federal judiciary, the court's decision will not be effective for at least 21 days.

The Christian Alliance meanwhile is calling for impeachment of "judges and attorneys general who forget who they serve."

"We are a moral people and a moral nation," said the alliance's Rev. Franklin Graham.

'We deserve a government that serves our moral people and our moral nation."