WEST VIRGINIA: State AG Asks Court To Throw Out Marriage Lawsuit

Claiming that the plaintiffs lack standing, the West Virginia state attorney general's office has asked the court to dismiss a marriage equality lawsuit.

In its motion, the state claims two reasons why the lawsuit filed by three same-sex couples should be dismissed: state law doesn't cause them any immediate harm and the couples aren't married, so the fact West Virginia doesn't recognize same-sex marriages from other states doesn't affect them, according to state attorneys. "The statute causes no concrete and immediate injury to Plaintiffs, who allege only the desire to marry each other in West Virginia and have not alleged that they are or intend to be married in another State," the motion filed in U.S. District Court on Monday by Assistant Attorney General Julie Ann Warren says.

The three couples are being represented by Lambda Legal."item"'>Claiming that the plaintiffs lack standing, the West Virginia state attorney general's office has asked the court to dismiss a marriage equality lawsuit.

In its motion, the state claims two reasons why the lawsuit filed by three same-sex couples should be dismissed: state law doesn't cause them any immediate harm and the couples aren't married, so the fact West Virginia doesn't recognize same-sex marriages from other states doesn't affect them, according to state attorneys. "The statute causes no concrete and immediate injury to Plaintiffs, who allege only the desire to marry each other in West Virginia and have not alleged that they are or intend to be married in another State," the motion filed in U.S. District Court on Monday by Assistant Attorney General Julie Ann Warren says.

The three couples are being represented by Lambda Legal.

Posted in: Lambda Legal,lawsuits,marriage equality,West Virginia