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Hearing held in Virginia gay marriage lawsuit

Tuesday - 10/29/2013, 5:30pm  ET

HARRISONBURG, Va. (AP) -- A federal judge in Harrisonburg is pondering whether to certify as a class action a lawsuit challenging Virginia's same-sex marriage ban.

U.S. District Judge Michael Urbanski heard arguments Tuesday. According to court records and the ACLU of Virginia, which is representing the plaintiffs, he did not immediately rule.

He also took under advisement motions to dismiss Gov. Bob McDonnell and Staunton Circuit Court Clerk Thomas E. Roberts as defendants. The other defendant is Janet Rainey, the state registrar of vital records.

A January hearing on other issues was canceled.

The lawsuit was filed by two Shenandoah Valley same-sex couples. They claim Virginia's constitutional amendment prohibiting gay marriage and denying recognition of such unions sanctioned by other states violates the equal protection and due process clauses of the Constitution.


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