In his opinion declaring Virginia‘s marriage law unconstitutional, Judge Henry Floyd of the U.S. Court of Appeals for the Fourth Circuit summarized what he perceived to be the basic disagreement between the opponents and proponents of the law.

“The opponents and proponents agree that marriage is a fundamental right,” the judge wrote. “They strongly disagree, however, regarding whether that right encompasses the right to same-sex marriage. The opponents argue that the fundamental right to marry belongs to the individual, who enjoys the right to marry the person of his or her choice. By contrast, the proponents point out that, traditionally, states have sanctioned only man-woman marriages. They contend that, in light of this history, the right to marry does not include a right to same-sex marriage.”