U.S. District Judge Arenda L. Wright Allen wrote that the constitutional right to equality should apply to all, including same-sex couples seeking marriage licenses.

From her ruling:

The Court finds Va. Const. Art. I, § 15-A, Va. Code §§ 20-45.2, 20-45.3, and any other Virginia law that bars same-sex marriage or prohibits Virginia's recognition of lawful same-sex marriages from other jurisdictions unconstitutional. These laws deny Plaintiffs their rights to due process and equal protection guaranteed under the Fourteenth Amendment of the United States Constitution.

"Our Constitution declares that 'all men' are created equal. Surely this means all of us," Allen wrote in her decision. "While ever vigilant for the wisdom that can come from the voices of our voting public, our courts have never long tolerated the perpetuation of laws rooted in unlawful prejudice."

Two Old Dominion couples filed suit in the case: Tim Bostic and Tony London, who have been together 25 years, and Carol Schall and Mary Townley, who have been together 30 years and are raising a teenage daughter together.

Virginia Attorney General Mark Herring announced in January that he would not defend the ban because it violated the Fourteenth Amendment's guarantee of equal protection under the law.