Winter storm postpones gay marriage ban challenge hearing

Posted at 5:19 PM, Jan 29, 2014
and last updated 2014-01-29 17:19:12-05

RICHMOND, Va. (WTVR) - Winter weather has postponed a hearing scheduled for a Norfolk couple's challenge to Virginia's same-sex marriage ban.

Officials said the case of Bostic v. Rainey was postponed Thursday due to inclement weather.

"The hearing will be re-scheduled as soon as practical at the U.S. District Court for the Eastern District of Virginia as ordered by Judge Arenda L. Wright Allen," according to a news release from the American Foundation for Equal Rights.

Last week newly-elected Virginia Attorney General Mark Herring announced he will change Virginia’s position on a challenge to Virginia’s ban on same-sex marriage.

“Attorney General Herring has concluded that Virginia’s current ban is in violation of the U.S. Constitution and he will not defend it,” Herring spokesman Michael Kelly said. “Instead, the Commonwealth will side with the plaintiffs in seeking to have the ban declared unconstitutional. Because there are other defendants, circuit court clerks in Norfolk and Prince William County, the case will move forward with those parties defending the ban.”

At a press conference, scheduled ahead of the postponement, members of 'Pastors Standing for Traditional Marriage' spoke out in favor of the same-sex marriage ban.

"Choose the blessing or choose the curse because once you go into convenient with God's word, there's no backing away from that," Rabbi Carlos Parker, of Church of God The Lion of the Tribe of Judah in New Kent County, said.

The Virginian Pilot reported that 54-year-old Tony Londonand 48-year-old Timothy Bostic filed a lawsuit last July challenging the state's ban on same-sex marriage.

An exact date for a re-scheduled hearing has not yet been set.