Del. Marshall calls for impeaching judge in same-sex marriage case

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by 13News Now

WVEC.com

Posted on February 17, 2014 at 1:32 PM

Updated Tuesday, Feb 18 at 4:33 PM

NORFOLK-A Virginia lawmaker is calling for the impeachment of the federal judge in Norfolk who struck down the state's same-sex marriage ban.  

In an email Monday, Del. Bob Marshall (R-13th D.) said, "In Virginia, one judge invalidated our Marriage Amendment, which became part of our Constitution upon its ratification by 1.3 million Virginia voters."

That judge is The Honorable Arenda Wright Allen. She ruled late Thursday, February 13, that the Virginia Marriage Amendment is unconstitutional; however, she stayed her injunction and directed both sides to submit a proposed final order by no later than March 14.

Virginia voters approved the amendment to the state constitution in 2006.

Del. Marshall said same-sex marriage proponents should attempt to do so "without using an end run against the legitimate legislative process."

He urged Virginians to contact their representatives and tell them to support marriage. He also urged traditional marriage supporters to contact Rep. Bob Goodlatte (R-6th D). He chairs the House Judiciary Committee. 

"He would be especially influential in starting the process for removal of judges who promote an agenda," Marshall noted.

Sen. Tim Kaine (D-VA) and Rep. Bobby Scott (D-3rd D.) hailed the decision.

There is an impossibly high standard to impeach a federal judge, which is the same as impeaching a president.  

The first step, the one that is technically the impeachment, is taken by the House of Representatives. By a simple majority, the House can vote to impeach a federal official. Then, once the official is impeached, the Senate holds a trial to determine if the official should be convicted, in which case the official is removed from office. The Senate, however, needs a two-thirds majority to convict.

Only 15  federal judges have been impeached in the nation's history only eight of them were convicted.

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