Williamsburg Unitarian Universalists Rev. Jennifer Ryu has not signed a marriage license since 2006.
Ryu, who continues to perform wedding ceremonies, considers signing marriage licenses for heterosexual couples while Virginia bans same-sex marriage in its constitution an act of discrimination.
The Commonwealth of Virginia is a step closer to the equality Ryu seeks, as a legal decision handed down Monday by the U.S. Court of Appeals for the Fourth Circuit struck down the state’s constitutional amendment that bans same-sex marriage in a 2-1 decision.
Writing for the majority, Circuit Judge Henry F. Floyd said the ban violated the 14th amendment’s equal protection clause. Floyd, joined by Circuit Judge Roger L. Gregory, ruled the fundamental right to marriage is constitutionally guaranteed, regardless of sexual orientation.
“We recognize that same-sex marriage makes some people deeply uncomfortable,” Floyd said. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”
Circuit Judge Paul V. Niemeyer dissented, arguing same-sex relationships do not fall under the fundamental right to marriage recognized by the U.S. Supreme Court.
The decision will not take effect immediately. The judgment will become effective after 21 days to allow for requests for rehearing the case or a stay of proceedings.
Joe Vickstein and Tom Fell plan to apply for a marriage license as soon as legally possible.
“We’re just looking forward to when we can get married. I’m sort of thinking it might not be until next year, but if we can in 21 days, that will be great,” Vickstein said.
The Williamsburg couple has celebrated 32 years’ worth of anniversaries, but has been unable to file a joint tax return or enjoy other privileges married couples are granted. Vickstein and Fell appeared at the Williamsburg-James City County Courthouse on Valentine’s Day, joining Ryu and her congregation in a protest about the ban, to try to obtain a marriage license after U.S. District Judge Arenda L. Wright Allen ruled the ban unconstitutional.
Vickstein said he recognizes he and Fell have enjoyed an easier partnership than couples who have always lived in Virginia because they formerly lived in an area that was accepting of same-sex couples.
Vickstein and Fell moved to Virginia from San Francisco where their partnership — though not a legal union — was more widely accepted. The couple had a reservation to be married in California four days after the state ceased to allow same-sex marriages.
Like Vickstein and Fell, other same-sex couples in the area have not allowed the state’s ban on same-sex marriage to stand in the way of their happiness together. Ryu said many members of her congregation have traveled to the District of Columbia, Maryland or Massachusetts to be married, but all hope their partnerships will one day be recognized in Virginia.
The Fourth Circuit’s ruling gives Ryu and Vickstein hope, but both are waiting for more information before celebrating.
“All of our Facebook pages are just lighting up with lots of happiness. It’s guarded because it’s still a little bit early to say exactly what this means, but it’s definitely the next step toward eliminating the marriage ban here in Virginia,” Ryu said. “We know that this is the right way to go and it is inevitable. We’re not exactly sure what this means quite yet, today.”
