U.S. District Judge Robert Chambers struck down West Virginia's ban on same-sex marriage as unconstitutional, the West Virginia MetroNews reports: "'The right to marry is a fundamental right, giving every individual the opportunity to exercise choice in this important relationship. As such, the government must not interfere in that choice unless it demonstrates compelling state interests and carefully tailors its restrictions to protect those interests,"' the judge said.
In contrast, the Sixth Circuit last week upheld same-sex marriage bans under the lowest level of constitutional scrutiny: rational basis. Other courts have often been applying greater constitutional scrutiny in striking down bans on same-sex marraige.
Lawyer and Legal Journalist
