McGee v. Cole
On June 11, 2014, the court announced that it would stay the proceedings in this federal lawsuit seeking the freedom to marry for same-sex couples in West Virginia. The proceedings are stayed while a separate case out of Virginia, Bostic v. Schaeffer, is considered by the United States Court of Appeals for the 4th Circuit.
On October 1, 2013, Lambda Legal, with support from Fairness West Virginia, filed a lawsuit in federal court on behalf of three same-sex couples seeking the freedom to marry in their home state. The case argues that the state's laws restricting the freedom to marry to different-sex couples is unconstitutional. A state statute passed in 2000 prohibits same-sex couples from marrying.
The plaintiffs include Nancy Michael and Jane Fenton, who live in West Virginia with their 6-year-old son. Nancy said, "Jane and I have been together for 16 years. We live and work together, and we are raising our son, Drew, together. We have done everything we can to protect and take responsibility for our family but we worry all the time that it isn’t enough. We need the protection that marriage affords."