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Published On: Mon, Feb 17th, 2014

Federal Judge strikes down Virginia gay marriage ban as unconstitutional but quotes Declaration of Independence

The Virginia federal judge struck down the state’s ban on gay marriage, but attributed the quote from the Declaration of Independence not the US Constitution.

In her 41-page decision issued late Thursday, U.S. District Court Judge Arenda Wright Allen had ruled that the state’s ban on same-sex marriage violated the right to due process and equal protection afforded under the U.S. Constitution, notes Christian News in a Feb. 16 article.

“Our Constitution declares that ‘all men’ are created equal. Surely this means all of us,” Arenda Wright Allen wrote in her ruling.

While the Fourteenth Amendment guarantees “equal protection” under the law, the phrase “all men are created equal” is not in the U.S. Constitution, but rather in the Declaration of Independence.

The discrepancy was noticed by a number of judicial observers, including South Texas College of Law professor Josh Blackman.

Allen ultimately issued a second draft of her decision after it was reported with the adjustment: “Our Declaration of Independence recognizes that ‘all men’ are created equal.”

Allen’s ruling on the case remained unchanged.

Photo/Nodar Kherkheulidze via wikimedia commons

Photo/Nodar Kherkheulidze via wikimedia commons

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- Roxanne "Butter" Bracco began with the Dispatch as Pittsburgh Correspondent, but will be providing reports and insights from Washington DC, Maryland and the surrounding region. Contact Roxie aka "Butter" at [email protected] ATTN: Roxie or Butter Bracco

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  1. Marriage Quotes | Business of Brides says:

    […] Federal Judge strikes down Virginia gay marriage ban as unconstitutional but … The Virginia federal judge struck down the state's ban on gay marriage, but attributed the quote from the Declaration of Independence not the US Constitution. In her 41-page decision issued late Thursday, U.S. District Court Judge Arenda Wright Allen … Read more on The Global Dispatch […]

  2. Roles of Jews in Baseball history explored in new… | Baseball News says:

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