And, the most recent ruling from Virginia, drew upon Loving v Virginia.
"Crowds gathered as oral arguments got underway Tuesday morning in the case of Bostic v. Rainey. The case challenges Virginia’s amendment that bans same-sex marriage.
In 2006, 57 percent of Virginians voted in favor of the Virginia Marriage Amendment that defined marriage as only between a man and a woman.
Inside the courthouse
Ted Olson and David Boies presented the plaintiffs’ side.
Olson said Virginia, “erects a wall around gay and lesbian citizens.” He added that marriage is a fundamental right of an individual, and not of the state, citing previous Supreme Court rulings. Boise asked what motivates the supporters of the ban other than maintaining the status quo.
Newly-elected Virginia Attorney General Mark Herring announced last month, he would reverse Virginia’s stance on the issue and would not defend the amendment in court.
Virginia’s Solicitor General Stuart Raphael argued Attorney General Herring’s position in court on behalf of the Commonwealth.
Raphael said the case is legally indistinguishable from Loving v. Virginia, which overturned a ban on interracial marriage in 1967. He said the idea that there is “no traditional right to same sex marriage” is a major flaw.
Ruling could ‘change the basic concept of marriage’ in Virginia | WTVR.com