HARRISONBURG, Va.—A federal judge on Oct. 29 heard arguments on whether a lawsuit that challenges Virginia’s same-sex marriage ban should become a class action.
The Associated Press reported that U.S. District Judge Michael Urbanski heard motions to dismiss Gov. Bob McDonnell and Staunton Circuit Court Clerk Thomas E. Roberts as defendants in the case. The news agency said Urbanski did not rule on the motions.
The American Civil Liberties Union and Lambda Legal in August filed the lawsuit on behalf of Christy Berghoff and Victoria Kidd of Winchester and Joanne Harris and Jessica Duff in Staunton.
Timothy Bostic and Tony London of Norfolk in July filed a separate federal lawsuit against Virginia’s gay nuptials ban after they unsuccessfully tried to apply for a marriage license.
The American Foundation for Equal Rights in September announced Ted Olson and David Boies, who successfully argued against California’s Proposition 8 before the U.S. Supreme Court, had joined the Bostic case. The duo is also representing Carol Schall and Mary Townley of Richmond who joined the lawsuit.