Gay couple escape marriage fraud charge

NEWPORT NEWS, Va., July 1 (UPI) -- Authorities say two gay men who allegedly deceived a Virginia court clerk into marrying them won't be prosecuted for fraud.

However, the clerk of state district court in Newport News, Va., says the March 24 marriage between Justin McCain and Antonio Blount is not valid, the (Norfolk) Virginian-Pilot reported Tuesday.

Newport News commonwealth's attorneys say McCain listed himself as the bride on the marriage application, while Blount was listed as the groom. They maintain the court clerk was deceived into approving the application because McCain looked and acted like a woman.

A wedding ceremony was performed the next day, but authorities discovered McCain wasn't a woman when he sought to legally change his name to Penelopsky Aaryonna Goldberry, the newspaper said.

State laws and a constitutional amendment ban gay marriage in Virginia, but Commonwealth's Attorney Howard Gwynn said he decided not to press charges because "there is no criminal charge that can be filed that can be proven beyond a reasonable doubt," the Virginian-Pilot reported.