Lawsuit targets Virginia same-sex marriage ballot question

ARLINGTON, Va. - A church pastor in Northern Virginia has filed a lawsuit to upend a ballot question that would enshrine same-sex marriage equality in the Virginia Constitution.

What we know:

The lawsuit claims proper procedures were not followed, but supporters of the question say it’s a last-ditch effort to stop a move to fix Virginia’s constitution.

Pastor Ben Purves is with the Occoquan Bible Church in Prince William County. The lawsuit is not just about same-sex marriage; it’s also about whether Virginia followed the proper legal steps to put a constitutional amendment before voters.

The U.S. Supreme Court affirmed marriage equality in 2015, and while some same-sex couples in Virginia have been getting married in the Commonwealth ever since, Virginia’s constitution still contains a ban against it.

If Question 2 is approved, the ban would be removed.

Founding Freedoms Law Center is now suing to stop Question 2, with Pastor Purvis claiming proper procedures were not followed to place the question on the ballot.

What they're saying:

"That’s still new. Going back to the beginning of creation, God created marriage; he defined it; it belongs to him. It doesn't belong to us to reshape it in whatever way we would like," Pastor Purves said.

"Question 2 would strike out the biblical definition of marriage from the Virginia state constitution instead of marriage being defined as being between a man and a woman, which is how the scriptures define it and how marriage is created in Genesis," Pastor Purves said.

Question 2 asks if the Constitution of Virginia should remove the ban on same-sex marriage, allowing two adults to marry regardless of sex and requiring legally valid marriage to be treated equally.

Del. Kirk McPike of Alexandria led the effort to put Question 2 on the ballot. He says it’s about righting a wrong, so the Commonwealth’s constitution reflects legal reality.

"I think it’s about making sure our constitution reflects the values of Virginia’s people," Del. McPike said. "We like to say Virginia is for lovers, but we’re also for families, and that includes all families."

"What Question 2 does is give Virginia voters a chance to make our constitution reflect our values by removing that discriminatory language and replacing it with an affirmative right of any two qualified people to marry," Del. McPike said.

Early voting started on Sept. 18 in Virginia and continues through Saturday, Oct. 31. The lawsuit will not go before a judge before Election Day on Nov. 3.

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