The case turned on whether the pair knowingly committed a fraud, something prosecutors couldn't determine, according to a letter Davis received Monday from Newport News Commonwealth's Attorney Howard E. Gwynn.
"We don't have the ability to prove beyond a reasonable doubt there was an intent to deceive," said Jack Fitzpatrick, a spokesman for Gwynn.
Virginia couple won't be chargedFollow @freedom2marry
Fitzpatrick said Virginia law does not clearly define "bride" and "groom," which at the time were the only spaces on the marriage license application the couple filled out. The forms have since been changed to specify "male applicant" and "female applicant."
"Now that the forms have been changed, that is a crime and should someone do that again, they will be prosecuted," Fitzpatrick said.
Great! Because the terms "male" and "female" are so much less vague!