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Supreme Court Appellate Brief Same Sex Marriage

In:

Submitted By chuck457
Words 10573
Pages 43
No. 15-1972

IN THE SUPREME COURT OF THE UNITED STATES

Spring Term, 2015

________________________________

GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court and JANET M. RAINEY, in her official capacity as State Registrar of Vital Records,

Petitioners,

MICHÈLE MCQUIGG,

Intervenor/Petitioner,

v.

TIMOTHY B. BOSTIC; TONY C. LONDON;
CAROL SCHALL; and MARY TOWNLEY,

Respondents.

________________________________

ON WRIT OF CERTIORARI TO THE
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
________________________________

BRIEF FOR THE RESPONDENTS
________________________________

Law Student Counsel for the Respondents
QUESTION PRESENTED

Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when:

* Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions.

TABLE OF CONTENTS

page

QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i

TABLE OF CONTENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii

TABLE OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv

OPINIONS BELOW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

JURISDICTION . . . . . . .

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