Case 2:13-cv-00395-AWA-LRL Document 135 Filed 02/13/14 Page 10 of 41 PageID# 1052
The Virginia Legislature also adopted the Affirmation of Marriage Act in 2004. This provides:
A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.
Va. Code ยง 20-45.3. II.
STANDARDS OF LAW
A. Summary Judgment
The Proponents and Opponents of Virginia's Marriage Laws have moved for summary
judgment on the constitutional challenges to the laws. Summary judgment is proper "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled
to judgment as a matter of law." Fed. R. Civ. P. 56(a) (2013). "[T]he mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., All U.S. 242,247-48 (1986).
Onlydisputes over facts that mightaffect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be considered by a court in its determination. Id. at 248. After a motion for summary judgment is properly made and supported, the opposing
party has the burden of showing that a genuine dispute of fact exists. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586-87 (1986).
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