By a 2 to 1 vote, a panel of the U.S. Court of Appeals for the 4th Circuit in Richmond said that the fundamental right to marry is guaranteed under the Constitution regardless of sexual orientation.

“We recognize that same-sex marriage makes some people deeply uncomfortable,” said Circuit Judge Henry F. Floyd. “However, inertia and apprehension are not legitimate bases for denying same-sex couples due process and equal protection of the laws. Civil marriage is one of the cornerstones of our way of life.”