By Cheryl Ross and Jim Washington
NEWPORT NEWS
The Newport News commonwealth's attorney's office will not prosecute two men who got a license to marry earlier this year.
In a letter dated June 30, Commonwealth's Attorney Howard E. Gwynn wrote, "Based on the facts of this case and the law, it is my opinion that there is no criminal charge that can be filed that can be proven beyond a reasonable doubt."
On March 24, Justin L. McCain and Antonio E. Blount obtained a marriage license from the Circuit Court clerk's office. McCain was listed as the bride. They had a ceremony performed in Norfolk that day.
State laws prohibit same-sex marriages, as does a constitutional amendment passed by the General Assembly in 2006.
Newport News Circuit Court Clerk Rex Davis said that clerks thought McCain was a woman because of his looks and mannerisms. Authorities discovered McCain was a man after he sought a legal name change in May to Penelopsky Aaryonna Goldberry.
McCain listed his correct name on the marriage license application, said Jack Fitzpatrick, the commonwealth's attorney's office information coordinator, and "bride and groom are not defined in Virginia code or law."
"Of course, you have to swear an oath that the information you are providing is accurate and he did that," Fitzpatrick said.
One of the men also told investigators that he and his partner read online that same-sex marriage is legal in the state, Fitzpatrick said. "We can't prove to the opposite," he said.
Now, marriage license applications in Newport News have been changed to "read male applicant, female applicant, so the problem shouldn't happen again," Fitzpatrick said.
Are these two men married?
"Absolutely not," said Gary Anderson, Chief Deputy Clerk of the Circuit Court in Newport News. "It's a prohibited marriage. It was void from the beginning."
Cheryl Ross, (757) 446-2443, cheryl.ross@pilotonline.com
Jim Washington, (757) 446-2536, jim.washington@pilotonline.com
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RE: reproduction important
(But, there are risks that you undertake, like your health (aids for one), and your inability to get the legal rights of those that are married.
Lastly, I'll say be careful of what you ask for. Married people may have certain legal benefits, but there are also many legal disadvantages that go along with marriage as well. It is for those that many couples that qualify leagally don't do it.)
The latest stats, and for a few years now, the hetero community is more at risk for HIV/AIDS than the gay communicty and the Black community increases are alarming. I think the benefits for gay marriage out weigh the disadvantages. Singles pay higher taxes, hetero married can have joint health care, their wills and other legal documents are intact. Those things aren't true in the gay community. There are many others I could list but there isn't the space.
Reproduction is important
Why do you think religions like the Catholic religion take a stance on birth control? To continue their beliefs and build their strength in numbers. I believe you can use the same argument here. Reward those that can help to increase our population and thus provide our country with more resources. We still have a marriage tax, where you pay more taxes for being married. Don't get me wrong, this isn't an argument about being against the "alternative" relationships that many people seem to want to be in. To each their own. But, there are risks that you undertake, like your health (aids for one), and your inability to get the legal rights of those that are married.
Lastly, I'll say be careful of what you ask for. Married people may have certain legal benefits, but there are also many legal disadvantages that go along with marriage as well. It is for those that many couples that qualify leagally don'
Services are not free
Sure, the legal definition of marriage is between a man and a woman as approved by the poeple that took the time and made the effort to vote. If a homo couple has kids through adoption or from previous relationships, should they still have the rights of those that can continue to reproduce? Why should those that don't have kids have to pay for those expensive schools? Look at it from another perspective. If I don't drive, why should I have to pay for these expensive roads? How many of us have ever had to call the rescue squad for a medical emergency or the fire department for a fire, or the police for an urgent legal matter? Why should those of us that have not needed those services have to subsidize them? Why don't we make people pay for the services they use instead of making everyone else help pay? Think about it long and hard and if you don't get your answer, you're not qualified. More to follow....
Just say no to what??
"Remember the story where the woman and her partner wanted a baby to make their life complete (gays --- men and women have to adopt when a child is needed) the woman had to find a male donor because her female partner was unable to provide male service. So they have a baby through this man and now the mother of the baby didn't want to be gay any more and didn't want her partner to have anything to do with the baby, but the court didn't see it that way."
You are siting one case where there are many thousands of same sex patners with kids who live like everyone esle. How many thousands have been togethr 10 to 20 years? I don't know do you? How many hetero's have been together the same length of time? My question to you Curtis is why do you care if same sex couples get married? They won't bother or take anything away from you. As far as speaking out about other rights, that's something you don't know about.
Just say No
So Over 50% of Hetero end in divorce, why do they end in divorce ? Drugs ? Alcohol ? Cheating ? Abusive ? If the same sex should be able to marry what would their reason be for divorce ? and what would the numbers be ? So in 2008 how many gay partners in America has been with each other for over 10 or 20 years ? Remember the story where the woman and her partner wanted a baby to make their life complete (gays --- men and women have to adopt when a child is needed) the woman had to find a male donor because her female partner was unable to provide male service. So they have a baby through this man and now the mother of the baby didn't want to be gay any more and didn't want her partner to have anything to do with the baby, but the court didn't see it that way. How many other gay couples if they get married would run into the same problem? Some folks like bringing up "But It's my rights" when it may apply to them, they don't care
just the facts please
Marriage, its definition and application in our culture is clearly a states rights issue. The citizens of the Commonwealth have articulated their views concerning this matter by means of a legal referendum. And the citizens of the state have spoken. Marriage has been defined as being a union between a man and a woman. Whether you agree or disagree, the law is the law. Deal with it, or continue to languish in your sheepish world filled with self absorbed and primitive commentary.
But they can have children
"Why should homosexuals be allowed to marry when they can't have kids? Why should they have the same rights I do when I am having children? I'm sure that these comments will spur many more.............."
Did you get married so you could have children? Many hetero couples don't have and don't want children. Many same sex couples already have children from a previous marriage, adoption or other methods. It's a proven fact that same sex couples make just as good parents as hetero's. Lets look at the facts, hetero couples have made a joke out of marriage. Over 50% end in divorce. Single people out rank married couples by about 52%. I pity anyone who just got married so they can have kids and same sex marriage is no more about kids than most hetero couples. It's about love, commitment, fulfillment, happiness, plus legal aspects and many other reasons.
Legalities tj????
"Why should homosexuals be allowed to marry when they can't have kids? Why should they have the same rights I do when I am having children? I'm sure that these comments will spur many more.............."
TJ you question why homosexuals should be allowed "The same rights as you do". Maybe it should also be asked why should any and all single persons as well as those "legally" married childless couples have to support by taxes the children of marriages as defined by your belief "that the roots of marriage are to ensure that society is better off with both a mom and a dad raising children. Marriage is supposed to be a commitment where that will take place. By fulfilling that commitment, there are special privileges afforded." These children overburden our public school system and it is constantly demanded by these same parents that more and more publicly supported "services" such as community centers and play grounds be built and maintained to support their children. Maybe I should ask why I should have to support this "right" of yours to pro-created with my tax dollars? Also why should I have to support any system that sees me not as an equal or inclusive?
If you're against same-sex marriage...
then don't marry someone of the same sex!
legalities
You can't take the state out of the marriage process. There are too many laws based on "legal" marriages. Quite frankly, I think you can take religion out of the whole process. Perhaps it started there, or religion took it over. But one thing is for sure in my eyes, churches have really messed the whole thing up.
It's my belief that the roots of marriage are to ensure that society is better off with both a mom and a dad raising children. Marriage is supposed to be a commitment where that will take place. By fulfilling that commitment, there are special privileges afforded.
Why should homosexuals be allowed to marry when they can't have kids? Why should they have the same rights I do when I am having children? I'm sure that these comments will spur many more..............
knowingly broke the law??
WOW! Lets see, how should they be punished....execution, stoned, hung in town square. Why not leave people alone, and stop your judgement of people who are not YOU. Do YOU hold the key to happiness in life or in marriage? I really don't think so! And another thing, your name calling is more than childish.
I think it is funny
First of all, just because something is "not legal" does not make the act "criminal". Yes, let's prosecute these people for wasting the city's time... I'd love to be on the jury hearing that case (not guilty). In all seriousness, the state needs to get out of the marriage business altogether. "Marriage" is a religious ceremony, let's let the church decide who can and cannot marry. Personally, I have no problem with same sex marriages. I just don't see how that could possibly have an adverse affect on my life.
It is unfortunate that these
It is unfortunate that these two attempted to buck the system the way they did. Had Justin changed his name prior to the application I wonder if they would be married now. Sure, the state would still try to nullify it, but this speaks volumes to the employee who made a judgement call based on a persons mannerisms. I guess she failed to check his ID properly.
In any case, I would like to report that the sky did not fall because of what they did. Virginia did not sink into the ocean or anything. This makes me think that quite possibly same-sex marriage is not going to destroy society. One huge question that comes to mind is how Virginia will cope with same-sex couples who go to California and are legally married. Sure, I know our law says that it will not be recognized but that will hold little water in court if the marriage is legal in another state.
No to state marriage
Just say no to state-approved marriage. I do not need nor accept the government's approval to decide and declare the status of my relationship(s).
actually
It's beginning to happen in a number of places. Who are we to judge?
Well...
Kudos to the Pilot first of all for finally opening up a gay themed story to public comments.
Second, thank you to Mr. Crazy Person for his derragatory message about 'fruits and berries'. It saddens me to inform you however, but you're gonna have to try a little bit harder next time if you'd like to cut us with your words. After centuries of intolerance towards gay people, I think it's safe to say that we've heard every imaginable insult and been blamed for everything imaginable, from being cold molesters, to social corrupters, to the reason for the HIV virus.
I don't know if living in America constitutes understanding the Constitution anymore, but I'm well versed in our sovereign document, and I have actually read where it says that Congress shall make no laws regarding nor inhibiting religion. In other words my dear sir, President Bush cannot legally pass a 'Federal Marriage Ammendment' a