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Same-sex marriage became legal in West Virginia on October 9, 2014, when Attorney General Patrick Morrisey announced he would no longer defend the state's ban on same-sex marriage in court and Governor Earl Ray Tomblin directed all state agencies to comply with recent federal court rulings that established the state's ban was unconstitutional. [3]
Following a decision in favor of same-sex marriage rights in Bostic on July 28, the parties in McGee filed competing motions with the district court on whether to allow the case to proceed. [11] Judge Chambers on September 16 extended the stay pending action by the U.S. Supreme Court . [ 12 ]
West Virginia's Judiciary includes a Business Court Division. [3] The Business Court Division (BCD) was created by the Supreme Court of Appeals adoption of Trial Court Rule 29 in September 2012, and the BCD formally opened in October 2012, with Judge Christopher C. Wilkes as the first BCD chair. [4]
The first legally-recognized same-sex marriage occurred in Minneapolis, [3] Minnesota, in 1971. [4] On June 26, 2015, in the case of Obergefell v. Hodges, the Supreme Court overturned Baker v. Nelson and ruled that marriage is a fundamental right guaranteed to all citizens, and thus legalized same-sex marriage nationwide.
Courts of West Virginia include: State courts of West Virginia. Supreme Court of Appeals of West Virginia [1] Intermediate Court of Appeals of West Virginia (Effective July 1, 2022) [2] West Virginia Circuit Courts (31 judicial circuits) [1] West Virginia Family Courts [1] West Virginia Magistrate Courts [1] West Virginia Municipal Courts [1]
The Supreme Court of Appeals of West Virginia is the state supreme court of the state of West Virginia, the highest of West Virginia's state courts.The court sits primarily at the West Virginia State Capitol in Charleston, although from 1873 to 1915, it was also required by state law to hold sessions in Charles Town in the state's Eastern Panhandle. [1]
Covenant marriage is a legally distinct kind of marriage in three states of the United States (Arizona, Arkansas, and Louisiana), in which the marrying spouses agree to obtain pre-marital counseling and accept more limited grounds for later seeking divorce (the least strict of which being that the couple lives apart from each other for two years).
In most jurisdictions including in federal courts, both the witness-spouse and the accused-spouse have the spousal communications privilege, so either may invoke it to prevent the witness-spouse from testifying about a confidential communication made during the marriage even if neither spouse is a party in the trial. [4]
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