JURIST legal news archive...

Virginia AG files appellate brief supporting same-sex marriage
April 12, 2014
Virginia Attorney General Mark Herring on Friday filed an appellate brief in support of the district court's ruling that the state's ban on same-sex marriage is unconstitutional. The brief, filed with the US Court of Appeals for the Fourth Circuit, argues that the state's statutory and constitution....... [more]

Virginia governor vetoes school prayer bill
April 5, 2014
Virginia Governor Terry McAuliffe vetoed a bill on Friday that would have codified the rights of students to pray voluntarily in school and at school events. The bill would also codify students' right to organize prayer groups, clubs or events, to wear religious jewelry or clothing and to express re....... [more]

Hall v. Florida: Florida's IQ Cutoff Creates Unacceptable Risk of Eighth Amendment Violations
April 2, 2014
JURIST Guest Columnist Paul M. Smith of Jenner & Block discusses the recent oral arguments in Hall v. Florida...In 2002, the US Supreme Court held in Atkins v. Virginia that the prohibition on cruel and unusual punishment contained in the Eighth Amendment to the United States Constitution forbid....... [more]

West Virginia governor vetoes abortion bill
March 29, 2014
West Virginia Governor Earl Ray Tomblin on Friday vetoed an abortion bill that would have prohibited abortions later than 20 weeks after conception. The House passed the bill by a vote of 85-15 with two delegates not participating. The bill passed the West Virginia Senate a few days earlier. West Vi....... [more]

West Virginia lawmakers approve 20-week abortion ban
March 11, 2014
The West Virginia House of Representatives on Saturday approved a bill to prohibit abortions later than 20 weeks after conception. The House passed the bill by a vote of 85-15 with two delegates not participating. The bill passed the West Virginia Senate a few days earlier, and the legislation now a....... [more]

Virginia removes state ban on sodomy
March 7, 2014
The Virginia House of Delegates on Thursday unanimously passed a bill to remove the state code's ban on oral and anal sex, a decade after it was invalidated by a US Supreme Court decision in Lawrence v. Texas. The new legislation limits the definition of "crimes against nature" to only bestiality a....... [more]

In the Light Most Favorable: A Wise Rule
February 26, 2014
JURIST Guest Columnist Robert Hall of Hall & Sethi, PLC argues that the Virginia Supreme Court got it wrong in overturning the Virginia Tech wrongful death verdict...Following the Texas Tower massacre of August 1, 1966 at the University of Texas, the Columbine shootings in Colorado in 1999 and t....... [more]

Virginia appeals ruling against same-sex marriage ban
February 25, 2014
The Commonwealth of Virginia on Monday filed a notice of appeal of a recent ruling overturning the state's constitutional amendment against same-sex marriage, to the US Court of Appeals for the Fourth Circuit. The amendment was struck down as unconstitutional in the US District Court for the Easter....... [more]

Federal judge strikes down Virginia same-sex marriage ban
February 14, 2014
A judge for the US District Court for the Eastern District of Virginia on Thursday struck down Virginia's constitutional ban on same-sex marriage. In 2006, Virginia voters ratified an amendment (Article I section 15-A) to the Virginia Constitution, which deemed marriage as a union only between a ma....... [more]

Virginia senate votes to repeal pre-abortion ultrasound law
February 12, 2014
The Virginia state Senate on Tuesday voted to repeal a 2012 law requiring women seeking an abortion to undergo an ultrasound. The measure passed after Lieutenant Governor Ralph Northam cast his vote in favor of repeal, breaking a 20-20 tie. After casting his deciding vote Northam released the follow....... [more]

The Ever-Shrinking Case for a Constitutional Right to Same-Sex Marriage
February 6, 2014
JURIST Guest Columnist James Dwyer of William & Mary Law School argues that the many incremental successes the same-sex marriage movement has had actually make it more difficult plausibly to argue now that every state is constitutionally required to issue marriage certificates to same-sex couple....... [more]