Bostic v. Schaefer (Harris Class Action) - Freedom to Marry in Virginia
What's at Stake
In Bostic v. Schaefer, the American Civil Liberties Union (ACLU), the ACLU of Virginia, Lambda Legal, and Jenner & Block, LLP, represent a class of all unmarried same-sex couples in Virginia and all same-sex couples in Virginia who have already married in a different jurisdiction (the "Harris Class"). The class action was originally filed as separate litigation in the Western District of Virginia filed on behalf of Joanne Harris and Jessica Duff and Christy Berghoff and Victoria Kidd as class representatives for all same-sex couples in Virginia who wish to marry here or who have married in other jurisdictions. After a court in the Eastern District of Virginia struck down Virginia's marriage bans in Bostic, the Harris Class intervened as a party at the U.S. Court of Appeals for the Fourth Circuit to have its constitutional challenges decided as part of the Bostic litigation.
Summary
The Harris Class representatives are of Joanne Harris and Jessica Duff from Staunton and Christy Berghoff and Victoria Kidd from Winchester. Joanne and Jessica have been together since 2006, and have a four-year-old son, Jabari. Christy and Victoria have been together almost ten years. They have a baby daughter, Lydia. Their class-class action lawsuit alleges that through the Commonwealth's constitutional and statutory marriage bans and through Defendants' enforcement of them, the Commonwealth and Defendants send a purposeful message that they view lesbians, gay men, and their children as second-class citizens who are undeserving of the legal sanction, respect, protections, and support that heterosexuals and their families are able to enjoy through marriage.
Virginia couples who have suffered from discrimination and are interested in sharing how marriage discrimination harms their families as part of a campaign for the freedom to marry are encouraged to join the hundreds of other Virginian couples who have filled out a survey at .
Supreme Court Filings in Bostic
Fourth Circuit Briefs by Harris Class
Fourth Circuit Briefs by Other Parties
Fourth Circuit Amicus Briefs in Support of Bostic and Harris Class
Fourth Circuit Amicus Briefs in Support of Schaefer and McQuigg
Legal Documents
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12/23/2013
Harris v. McDonnell - Memorandum Opinion on Motions to Dismiss - 12.23.13
Date Filed: 12/23/2013
Affiliate: Virginia
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11/07/2013
Harris v. McDonnell - Plaintiffs' Reply Brief in Further Support of Plaintiffs' Motion for Summary Judgment - 11.7.13
Date Filed: 11/07/2013
Affiliate: Virginia
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10/24/2013
Harris v. McDonnell - State Defendants' McDonnell and Rainey's Opposition to Motion for Summary Judgment 10.24.13
Date Filed: 10/24/2013
Affiliate: Virginia
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10/24/2013
Harris v. McDonnell - State Defendant Roberts's Opposition to Plaintiffs' Motion for Summary Judgment - 10.24.13
Date Filed: 10/24/2013
Affiliate: Virginia
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10/06/2014
Harris Class Action - Mandate
Date Filed: 10/06/2014
Affiliate: Virginia
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09/30/2013
Harris, et al. v. McDonnell, et al. - Plaintiffs' Motion for Summary Judgment
Date Filed: 09/30/2013
Affiliate: Virginia
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09/30/2013
Harris, et al. v. McDonnell, et al. - Brief in Support of Plaintiffs' Motion for Summary Judgment
Date Filed: 09/30/2013
Affiliate: Virginia
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09/11/2013
Harris, et al. v. McDonnell, et al. - Response in Opposition to Roberts' Motion to Dismiss
Date Filed: 09/11/2013
Affiliate: Virginia
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09/09/2013
Harris, et al. v. McDonnell, et al. - Reply Brief in Support of Motion for Class Certification
Date Filed: 09/09/2013
Affiliate: Virginia
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09/09/2013
Harris, et al. v. McDonnell, et al. - Plaintiffs' Response to Bostic Request to be Excluded from Certified Class
Date Filed: 09/09/2013
Affiliate: Virginia
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09/03/2013
Harris, et al. v. McDonnell, et al. - Notice by Bostic of Request that Proposed Class Exclude 4 Individuals
Date Filed: 09/03/2013
Affiliate: Virginia
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09/03/2013
Harris, et al. v. McDonnell, et al. - Roberts Response in Opposition to Motion for Class Certification
Date Filed: 09/03/2013
Affiliate: Virginia
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08/30/2013
Harris, et al. v. McDonnell, et al. - Defendant Roberts' Motion to Dismiss
Date Filed: 08/30/2013
Affiliate: Virginia
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08/30/2013
Harris, et al. v. McDonnell, et al. - State Defendants Brief in Opposition to Mot for Class Certification
Date Filed: 08/30/2013
Affiliate: Virginia
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08/30/2013
Harris, et al. v. McDonnell, et al. - Memo in Support of Roberts' Motion to Dismiss
Date Filed: 08/30/2013
Affiliate: Virginia
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08/27/2014
Harris Class Action - Response of Timothy Bostic et al. in Support of Certiorari
Date Filed: 08/27/2014
Affiliate: Virginia
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08/22/2014
Harris Class Action - Harris Class Response to Commonwealth's Petition for Writ of Certiorari
Date Filed: 08/22/2014
Affiliate: Virginia
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08/22/2014
Harris Class Action - County Clerk Schaefer's Petition for a Writ of Certiorari
Date Filed: 08/22/2014
Affiliate: Virginia
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08/20/2014
Harris Class Action - Supreme Court Order Granting Stay
Date Filed: 08/20/2014
Affiliate: Virginia
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08/18/2014
Harris Class Action - Response of the Harris Class Respondents to Application to the Supreme Court Stay Mandate Pending Appeal
Date Filed: 08/18/2014
Affiliate: Virginia
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08/16/2013
Harris, et al. v. McDonnell, et al. - Brief in Support of Motion for Class Certification
Date Filed: 08/16/2013
Affiliate: Virginia
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08/16/2013
Harris, et al. v. McDonnell, et al. - Motion for Class Certification
Date Filed: 08/16/2013
Affiliate: Virginia
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08/16/2013
Harris, et al. v. McDonnell, et al. - Answer of Janet M. Rainey
Date Filed: 08/16/2013
Affiliate: Virginia
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08/16/2013
Harris, et al. v. McDonnell, et al. - Governor McDonnell's Motion to Dismiss
Date Filed: 08/16/2013
Affiliate: Virginia
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08/16/2013
Harris, et al. v. McDonnell, et al. - Memo in Support of Gov. McDonnell's Motion to Dismiss
Date Filed: 08/16/2013
Affiliate: Virginia
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08/14/2014
Harris Class Action - County Clerk McQuigg's Application to the Supreme Court to Stay Mandate Pending Appeal
Date Filed: 08/14/2014
Affiliate: Virginia
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08/01/2013
Harris, et al. v. McDonnell, et al. - Complaint
Date Filed: 08/01/2013
Affiliate: Virginia
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07/28/2014
Bostic v. Schaefer -- U.S. Court of Appeals for the 4th Circuit Decision
Date Filed: 07/28/2014
Affiliate: Virginia
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02/26/2014
Bostic v. Schaefer -- Motion to Intervene
Date Filed: 02/26/2014
Affiliate: Virginia
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01/31/2014
Harris, et al. v. Rainey - Order Granting Class Certification
Date Filed: 01/31/2014
Affiliate: Virginia
Press Releases
ACLU and Lambda Legal Ask Supreme Court to Reject Motion to Delay Virginia Marriages
Federal Appeals Court Hears Arguments against Virginia Marriage Ban
Virginia Court Legalizes Marriage for Same-Sex Couples
Virginia Marriage Case Given Class-Action Status
Virginia Attorney General Finds State Marriage Ban Unconstitutional
ACLU and Lambda Legal Ask Court for Swift Ruling in Virginia Marriage Case