Quick Steps To Gay Marriage in Virginia

In a courtroom victory for same-sex (commonly known as gay) marriage supporters, a federal appeals court in late July 2014 struck down Virginia’s ban on same-sex unions. The decision supports a lower court's ruling the previous February that banning same-sex marriages was unconstitutional. 

Many hope the decision, following similar court rulings in Utah and Oklahoma, will propel the issue before the Supreme Court in an action that could legalise gay marriage nationally.


 

Citing the 1967 Supreme Court case Loving v. Virginia, which dropped the state's ban on interracial marriage, Richmond's Judge Henry F. Floyd wrote that denying same-sex couples the right to marry “prohibits them from participating fully in our society, which is precisely the type of segregation that the 14th Amendment cannot countenance.”

What's extraordinary about this case is that state attorney general, Democrat Mark R. Herring, refused to defend Virginia's ban, including a state amendment adopted by the voters in 2006. Herring even spoke against it in court. The case had to be defended by two court clerks.

Also of considerable note is that the appeals court has jurisdiction over a circuit that includes Virginia, North Carolina and South Carolina. Maryland, also in the circuit, already allows same-sex unions. However, neither Virginia nor the Carolinas are required to immediately issue marriage licenses to gay and lesbian couples.

It may take some time for the reversal to take effect.

For one, the Virginia clerks are expected to appeal the case, backed by conservative legal group Alliance Defending Freedom. They are seeking a stay of the decision in the interim and may push the case to the Supreme Court. 

With the recent momentum of judicial rulings in favour of same-sex marriage, it is likely that the ban will be lifted. In anticipation, I've compiled a list of quick tips to obtaining a marriage licence in Virginia so that you can start planning with your partner.

How To Marry in Virginia

What you need to know:

1.  Age: The minimum age for marriage in Virginia is sixteen (16) years for both parties; however, if either party is under eighteen (18), consent to the marriage must be given by the father, mother or legal guardian. Special provisions can be made under certain circumstances.
2. Blood Test: There is no blood test requirement for marriage in Virginia.
3. Getting a License: A license for marriage in Virginia is issued by the clerk or his/her deputy clerk of a circuit court in any county or city in the Commonwealth of Virginia. The ceremony may be performed anywhere in the State. Applicants must, under oath, furnish information required to complete the marriage record. For divorced persons, there is no statutory waiting period before marriage. n some cases, clerks may require documentary proof of age or termination of previous marriage.
4. Opening Times:  Most of the offices of the clerks of court are closed on Saturdays.
5. Grace Period: The marriage must be performed within sixty (60) days after the license is issued. There is no waiting period required between application and issuance of the license and a couple may be married immediately after the issuance of a license.
6. Fees: Any person authorized to celebrate the rites of marriage shall be permitted to charge a fee not to exceed $50.
7. Jurisdiction: Currently, the marriage license issued in Virginia is for marriages to be performed in Virginia only. However, if same-sex marriages are allowed, unions are recognized by most other states with legal gay marriage laws.
8. Officiates: A minister of any religious denomination must be authorized by a circuit court to celebrate the rites of matrimony. To obtain such authorization, the minister must produce proof of his ordination and regular communion with the religious society of which he is a reputed member. 
9. Witnesses: A witness does not have to be present at the marriage ceremony.
10. Records: The minister or other person officiating at the marriage must complete and sign the Marriage Register and the Marriage Return and forward both forms to the clerk of the court who issued the license within five (5) days after the ceremony is performed. The Marriage Return is forwarded by the clerk of the court to the State Division of Vital Records. In addition to the forms to be returned to the clerk, the officiate may also prepared a certificate to be given to the newly married couple.

Again, this information has been modified in anticipation of same-sex couples being allowed to obtain marriage licenses in Virginia. For more information, visit the Virginia Department of Health.