Virginia Legislature Passes Ban on Civil Unions     4/27/2004
Rejects governor’s attempt to water it down
By Jeremy Sewall

The Virginia legislature passed the most concrete law against the legal recognition of same-sex unions in the country by large majorities in both houses last week.

"What the Virginia Legislature has done is a great example for other states to follow in protecting our country from counterfeit marriage," said Jan LaRue, Concerned Women for America’s chief counsel.

Defeating Democratic Gov. Mark Warner’s efforts to water down the bill, a bipartisan supermajority of the legislature passed the measure outlawing civil unions and other same-sex partnerships on April 21. The governor had proposed an amendment striking out a section that prohibits a “partnership contract or other arrangement” between homosexuals.

While the state already has a law banning same-sex “marriage,” this bill protects against other counterfeit versions of marriage from entering Virginia. The bill, HB 751, states:

A civil union, partnership contract or other arrangement between persons of the same sex purporting to bestow the privileges or obligations of marriage is prohibited. Any such civil union, partnership contract or other arrangement entered into by persons of the same sex in another state or jurisdiction shall be void in all respects in Virginia and any contractual rights created thereby shall be void and unenforceable.

The (Norfolk) Virginian-Pilot quoted the bill’s sponsor, Del. Robert Marshall (R – Manassas), as saying that the sole intention of the bill was to prevent recognition of domestic partnerships that "bestow the privileges or obligations of marriage." In taking this action, Virginia has joined states such as Florida, Nebraska, and Texas, where same-sex marriage and civil unions are also clearly prohibited. The Virginia language is more comprehensive than those states’ laws because it bars any form of faux marriage “rights,” regardless of the name.

Democrats argued that the bill is vague and could unintentionally place restrictions on a number of legal arrangements between people, including joint bank accounts, wills, medical directives and powers of attorney, according to the Pilot. Refuting this accusation, Sen. William Mims (R-Loudoun), countered that the bill targets "benefits that come from marriage and only from marriage."

"If I choose to enter into a joint bank account, I can do so with any member of this Senate," he said.

According to The Family Foundation of Virginia, Attorney General Jerry Kilgore countered Democrats’ concerns over the bill’s constitutionality with a legal opinion that not only declared HB 751 "constitutionally defensible" but also described it as a "needed safeguard for the institution of marriage." According to the Pilot, the Attorney General wrote Marshall that he would defend the statute if it were challenged in court.

The bill passed the House by a vote of 69-31 and the Senate by a vote of 27-12. It will go into effect in July.

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