Virginia's constitution includes an amendment explicitly banning same-sex marriage.
A Norfolk couple is challenging Virginia's gay marriage ban in a federal lawsuit.
Timothy B. Bostic and Tony C. London were turned down when they applied for a marriage license at the Norfolk Circuit Court on July 1.
Their lawsuit argues that Virginia's unequal treatment of gays and lesbians denies them equal protection and liberties guaranteed by the 14th Amendment.
The lawsuit names as defendants Gov. Bob McDonnell, Attorney General Ken Cuccinelli and Norfolk Circuit Court Clerk George E. Schaefer. It was filed last week in U.S. District Court in Norfolk.