RICHMOND, Va. - "My family is everything to me," says Victoria Kidd.
But for her, her family is not recognized in Virginia.
"Right now, when I go to work in D.C. I am married with I child when I go home to the state of Virginia I am considered single," says her partner Christy Berghoff.
Kidd and Berghoff joined the ACLU's class action lawsuit hoping to overturn Virginia's ban on same-sex marriage.
The U.S. Supreme Court ruling last month striking down the federal Defense of Marriage Act which prevented gay couples from receiving benefits is giving them new hope.
And just today, Rhode Island and Minnesota legalized gay marriage - 13 states plus D.C. now recognize same sex unions.
"I think now most people are saying when it comes to the issue of marriage equality it is not a matter if, but when," says Lamda Legal Attorney Gregory Nevins.
But the Family Foundation points out in 2006 Virginians approved a constitutional amendment banning gay marriage.
"I think they know they can't win at through legislative process and it is very unlikely they will win at the ballot box," says Family Foundation's Chris Freund.
"Virginians continue to send people to Richmond who are opposed to redefining marriage."
The ACLU argues times have changed.
"Seven years in today's world is lifetime ago," says ACLU Director Claire Guthrie Gastanaga.
Still, this legal battle could take years.
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