• Celebrity
    • Of The Essence
    • Celebrity News
    • If Not For My Girls
    • The State Of R&B
    • Time Of Essence
  • Fashion
    • 2023 Best In Black Fashion Awards
    • 2023 Fashion House
    • Red Carpet
    • Fashion News
    • Accessories
  • Beauty
    • Girls United: Beautiful Possibilities
    • 2023 Best In Black Beauty
    • Skin
    • Makeup
    • Nails
    • Hair
  • Lifestyle
    • Love
    • Parenting
    • Relationships
    • Bridal Bliss
    • Lifestyle News
    • Health & Wellness
    • ESSENCE Eats
    • Travel
    • Food & Drink
  • Entrepreneurship
    • Money & Career
  • News
    • Latest News
    • Paint The Polls Black
    • Culture
    • Politics
  • Shopping
  • Video
  • Events
    • 2023 Fashion House
    • 2023 ESSENCE Festival Of Culture
    • 2023 Wellness House
    • 2023 Black Women In Hollywood
    • 2023 ESSENCE Film Festival
    • 2023 HOLLYWOOD HOUSE
  • Studios
  • Girls United

WHERE BLACK CULTURE, COMMUNITY AND CONSCIOUSNESS MEET

Sign up for ESSENCE Newsletters the keep the Black women at the forefront of conversation.

Your email is required.
Your email is in invalid format.
Confirm email is required.
Email did not match.
Select the newsletters you'd like to receive:
Please select at least one option.
By clicking Subscribe Now, you agree to our Terms of Use and Privacy Policy.
Skip to content
SUBSCRIBE
  • MAGAZINE
  • NEWSLETTER
  • Celebrity
    • Of The Essence
    • Celebrity News
    • If Not For My Girls
    • The State Of R&B
    • Time Of Essence
  • Fashion
    • 2023 Best In Black Fashion Awards
    • 2023 Fashion House
    • Red Carpet
    • Fashion News
    • Accessories
  • Beauty
    • Girls United: Beautiful Possibilities
    • 2023 Best In Black Beauty
    • Skin
    • Makeup
    • Nails
    • Hair
      • Hair News
      • Natural
      • Relaxed
      • Transitioning
      • Weave
      • 4C
  • Lifestyle
    • Love
    • Parenting
    • Relationships
    • Bridal Bliss
    • Lifestyle News
    • Health & Wellness
    • ESSENCE Eats
    • Travel
    • Food & Drink
  • Entrepreneurship
    • Money & Career
  • News
    • Latest News
    • Paint The Polls Black
    • Culture
    • Politics
  • Shopping
  • Video
  • Events
    • 2023 Fashion House
    • 2023 ESSENCE Festival Of Culture
    • 2023 Wellness House
    • 2023 Black Women In Hollywood
    • 2023 ESSENCE Film Festival
    • 2023 HOLLYWOOD HOUSE
  • Studios
  • Girls United
Home · News

Judge: Virginia Law Requiring Couples To List Race Is Unconstitutional

The law, which mandates that couples seeking a marriage license disclose their race, violated the 14th Amendment, a federal judge ruled.
Judge: Virginia Law Requiring Couples To List Race Is Unconstitutional
Getty Creative Images
By Breanna Edwards · Updated November 3, 2020

A federal judge struck down a Virginia law that required couples to disclose their race while applying for a marriage license, ruling it unconstitutional.

The ruling comes after three couples filed a lawsuit against the Virginia State Registrar and others claiming that they were denied marriage licenses in Virginia after they refused to reveal their race on their application, CNN reports.

Judge Rossie D. Alton found on Friday that this law violates the 14th Amendment, writing in his ruling that the law “burdens [the couples’] fundamental right to marry.”

“(T)he statutory scheme is a vestige of the nation’s and of Virginia’s history of codified racialization,” he wrote.

“The Commonwealth of Virginia is naturally rich in its greatest traditions,” he added. “But like other institutions, that stain of past mistakes, misgivings and discredited legislative mandates must always survive the scrutiny of our nation’s most import institution … the Constitution of the United States of America.”

Last month, Virginia Attorney General Mark Herring announced that couples seeking marriage licenses would be able to mark a box noting that they “declined to answer” instead of disclosing their race, and that clerks of court across Virginia have gotten the new forms and a memo.

However, the couples involved in the lawsuit persevered and demanded more, noting that Herring’s order could be rescinded once he is no longer in office.

The judge agreed with the plaintiffs, noting that although the clerks of court “swore to uphold General Herring’s interpretation,” they still have to “uphold the statute, and General Herring’s interpretation lacks the force of law.”

TOPICS:  14th Amendment Judge Rossie D. Alton marriage license Virginia State Registrar
COMPANY INFORMATION
  • Our Company
  • Customer Service
  • Essence Ventures
  • Change Your Address
  • Contact Us
  • Job Opportunities
  • Internships
  • Media Kit
  • tag
SUBSCRIBE
  • Newsletters
  • Give a Gift of ESSENCE
  • Magazine Tablet Edition
FOLLOW US
MORE ON ESSENCE
  • Home
  • Love
  • Celebrity
  • Beauty
  • Hair
  • Fashion
  • ESSENCE festival

ESSENCE.com is part of ESSENCE Communications, Inc.

Essence may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.

©2023 ESSENCE Communications Inc. All Rights Reserved. | Privacy Policy | Terms of Use | Essence.com Advertising Terms

Get The ESSENCE Newsletter and
Special Offers delivered to your inbox

By clicking Sign Up, you agree to our Terms of Use and Privacy Policy.

Get The ESSENCE Magazine
by subscribing below
subscribe now