West Virginia Supreme Court Rejects Lawsuit Seeking to Establish Same-Sex Marriage

Apr 2, 2004

CHARLESTON, WV – Yesterday afternoon, the West Virginia Supreme Court rejected a lawsuit filed by same-sex couples that sought to establish same-sex “marriage” in West Virginia. The ruling brings to an end the attempt to overturn West Virginia’s law that preserves marriage for one man and one woman. Last Friday, Liberty Counsel and the AFA Center for Law and Policy filed briefs with the West Virginia Supreme Court on behalf of two state Senators and four members of the House of Delegates.

The lawsuit was filed in the West Virginia Supreme Court by same-sex couples seeking to overturn West Virginia’s prohibition on same-sex marriage after they were denied a marriage license. One couple had received a “marriage” license from Canada and the other a civil union license from Vermont. Each of the Legislators represented by Liberty Counsel and AFA voted for West Virginia’s Defense of Marriage Act which states, “Every application for a marriage license must contain the following statement: ‘Marriage is designed to be a loving and lifelong union between a woman and a man.’” The Brief argued that history and common sense reserves marriage to one man and one woman and that courts are no place to blaze off into the uncharted desert of same-sex marriage.

Mat Staver, President and General Counsel of Liberty Counsel, stated, “We are elated that the West Virginia Supreme Court has chosen to rebuff this recent attempt to side-step the Legislature and impose same-sex ‘marriage’ on the people.” Staver continued, “Decisions regarding marriage have always been and should always be in the hands of the people, not the courts. We applaud the West Virginia Supreme Court’s decision to preserve marriage between one man and one woman.” Staver concluded, “We are witnessing an all-out assault on traditional marriage in the United States. Lawsuits have been filed in eight states seeking to establish same-sex marriage. Marriage is our most important social institution and these efforts to undermine traditional marriage, if successful, would have far-reaching and damaging effects upon society. We don’t intend to allow that to happen.”

Liberty Counsel is currently defending marriage in ten separate cases in six states. On September 1, Broadman & Holman Publishers will be releasing Mat Staver’s new book entitled, “Same-Sex Marriage: Putting Every Household at Risk.”

Read Trial Transcripts From Partial Birth Abortion Trials

Liberty Counsel has made available on our website, trial transcripts from the three trials regarding the partial birth abortion ban passed last year and signed into law by President Bush. Simultaneous challenges to the ban are being tried this week in federal courts in San Francisco, Nebraska and New York. Click here to read startling excerpts from the trial testimony. You need to read this dramatic testimony. To read the entire transcripts from all three trials, click here.