Bluefield Daily Telegraph, Bluefield, WV

December 19, 2013

Judge asked to dismiss W.Va. gay marriage lawsuit


Associated Press

CHARLESTON — State and local officials are seeking the dismissal of a lawsuit challenging West Virginia’s ban on gay marriage.

The Charleston Gazette reports that the West Virginia Attorney General’s Office and Kanawha County Clerk Vera McCormick asked a federal judge this week to dismiss the case.

New York-based gay rights group Lambda Legal filed the federal lawsuit in October on behalf of three same-sex couples and the child of one couple. The lawsuit contends West Virginia’s Defense of Marriage Act unfairly discriminates against same-sex couples and their children.

A motion filed by assistant attorney general Julie Ann Warren contends that the plaintiffs have no legal basis to challenge the law.

A separate motion filed by McCormick’s attorney says the matter should be handled by the state’s legislative process.