Case 2:13-cv-00395-AWA-LRL Document 44 Filed 10/01/13 Page 1 of 38 PageID# 364
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION TIMOTHY B. BOSTIC, et al.,
) ) ) ) ) ) ) ) )
Plaintiffs, v. JANET M. RAINEY, et al., Defendants.
Civil Action No. 2:13-cv-00395
DEFENDANT JANET M. RAINEY'S MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT COMES NOW, Janet M. Rainey, in her official capacity, by counsel, in accordance with the Court's scheduling order of August 30, 2013 (Doc. 17), and in support of her Motion for Summary Judgment (Doc. 38) states as follows. I.
STATEMENT OF THE CASE AND PROCEDURAL POSTURE
The case is before the Court, and Plaintiffs and Rainey have joined issue, on Plaintiffs' First Amended Complaint (Doc. 18) and the Answer of Janet M. Rainey (Doc. 21). II.
1.
STATEMENT OF UNDISPUTED LEGISLATIVE FACTS
The Act of Uniformity of 1559, 1 Eliz., c.2, required the use of the Book of
Common Prayer of 1559 in the Church of England, the church established by law. An Act for the Uniformitie of Common Praier, and Service in the Church, and the Admistracion of the Sacramentes, http://justus.anglican.org.resources/bcp/1559/front_matter_1559.htm.
Both the
rubrics and the liturgy of marriage required a man and a woman. See The Book of Common Prayer
-
1559:
The
Forme
of
1
Solemnization
of
Matrimony,