Here Is Some Good News

A federal appeals court has ruled Virginia's ban on same-sex marriage unconstitutional:

A federal appeals court on Monday struck down Virginia's voter-approved ban on same-sex marriage, saying that withholding the fundamental right to marry from gay couples is a new form of "segregation" that the Constitution cannot abide.

The 2-to-1 decision by a panel of the U.S. Court of Appeals for the 4th Circuit, based in Richmond, upheld a lower court's decision and extended an extraordinary winning streak in the federal courts for proponents of same-sex marriage.

Legal challenges to state bans filed systematically nationwide have prevailed in every test since the Supreme Court in June 2013 struck down part of the federal Defense of Marriage Act, which defined marriage as only between a man and a woman.

Two federal appeals courts have now said the bans are unconstitutional. The Supreme Court probably will have to make the final determination and could consider the issue as soon as next year.

...The 4th Circuit covers Virginia, Maryland, West Virginia, North Carolina and South Carolina. Of those states, only Maryland allows same-sex couples to marry.

There are challenges in the other states, and North Carolina Attorney General Roy Cooper (D) announced after the ruling that his office will cease its "vigorous" defense of the state's ban.

"It's time to stop making arguments we will lose and instead move forward" to a final resolution at the Supreme Court, he said.

Yes, true. It's time to stop making arguments you will lose, and also time to stop making arguments that are fundamentally indecent, whether you would win or lose with them in court.

There is no compelling reason to reject marriage equality. Preserving straight privilege is not a compelling reason. Privileging religious doctrine (which by the way conflicts with other religious doctrine supportive of same-sex marriage) to which millions of USians don't subscribe is not a compelling reason. Homophobia is not a compelling reason.

It's unjustifiable. And the courts are finally starting to agree.