Equality Virginia believes that civil marriage for gay, lesbian, bisexual and transgender Americans is a fundamental right.  Finding a soul mate and building a life together is part of the American Dream and government should not have laws and policies that discriminate against GLBT families by denying relationship recognition and benefits.

EV supports the repeal of the so-called “marriage amendment” in the Virginia Constitution and all statutory restrictions on relationship recognition currently in the Code of Virginia, including: the ban on same sex marriages first enacted in 1975; the ban on same sex civil unions and domestic partnerships passed in 2004; and the provisions of laws passed in 1997 and 2004 which declare void and unenforceable marriages and civil unions legally entered into in other states and countries.

EV supports passage of legislation according gay, lesbian, bisexual and transgender couples all of the rights, responsibilities and benefits of civil marriage and assuring full  recognition of legal marriages and civil unions entered into in other states and countries.

EV opposes any government restriction on the right of religious institutions and faiths to celebrate and sanctify marriage for GLBT couples.

Background

When heterosexual couples make a loving, life-long commitment to one another, the state formally recognizes their relationship as civil marriage. State recognition confers important protections, rights, and responsibilities on the married couple. In fact, the General Accounting Office found over a 1,000 marriage specific rights that benefit married couples. These include pension and survivor benefits, hospital visitation, health insurance coverage, tax benefits and legal protections. These protections currently are not available to gay and lesbian Americans.

The very real legal protections and economic benefits that flow from a civil marriage, and the societal favor it bestows, are of profound importance to all American families The protections, benefits and responsibilities of marriage are designed to strengthen families and lend them critical support in times of need, such as illness, separation or death.  Same-sex couples and their children need and deserve the protection, safety and security that marriage provides.

Civil marriages recognized by the state have no bearing on the practices of religious institutions. Religious marriage is not the same thing as civil marriage. Many churches and synagogues solemnize same-sex marriages while some do not. Civil marriages that are recognized by the state have no bearing on the practices of religious institutions. Religious institutions are not and cannot be required to recognize same-sex relationships, but any religious institution or faith should be free to do so and to celebrate the relationship with their rite and sacrament of marriage without interference or restriction by the state  

Virginia Law

Virginia outlawed same sex marriage in 1975. Section 20-45.2 of the Code of Virginia.

In 1996, the U.S. Congress passed, and President Clinton signed, the Defense of Marriage Act (DOMA) which prohibits federal recognition of same-sex civil marriages and seeks to prevent states from being compelled to recognize same-sex marriages consummated in other states.

In 1997, Virginia became one of thirty-seven states that have enacted laws, pursuant to DOMA, seeking to deny full faith and credit to marriages and civil unions recognized in other states.  Virginia passed legislation amending Section 20-45.2 of the Code of Virginia to declare same sex marriages entered into in another state “void” and any contractual rights created by such marriages “void and unenforceable.”

 In 2004, Virginia passed HB 751 which extended the prohibition on relationship recognition for same sex couples by banning civil unions and partnership contracts intended to bestow the benefits of marriage and declared void and unenforceable any such unions or agreements entered into under the law of any other state or jurisdiction.  Section 20-45.3 of the Code of Virginia.

In 2006, Virginia became one of twenty-seven states with constitutional bans on same sex marriage when voters ratified the so-called “marriage amendment” to the Virginia Bill of Rights which constitutionalizes the definition of marriage as being between one man and one woman and seeks to prohibit any and all public recognition of non-marital relationships (regardless of the sex or gender of the couple), including civil unions, domestic partnerships and any other relationship seeking to bestow the benefits of marriage.  Article 1, Section 15-A of the Constitution of Virginia, effective January 1, 2007.

Every marriage in Virginia is required to be performed under a lawfully issued license. Under both the 1975 statute and the 2006 constitutional amendment, no marriage license may be issued to a “same-sex” couple. Virginia law makes it a misdemeanor to “perform the ceremony of marriage without lawful license, or officiate in celebrating the rites of marriage without being authorized by law to do so.” A person who does so is subject to a criminal fine of up to $500 and up to a year in jail.  § 20-28 of the Code of Virginia.  

Tools To Use

• Meet with your state delegate and senator and explain the adverse impact on your family of the current Virginia law that denies relationship recognition to GLBT couples.  Ask them to support repeal of the constitutional amendment and statutory restrictions on relationship recognition.
• Meet with your Congressman and Virginia’s Senators and ask them to repeal the federal Defense of Marriage Act.
• Meet with your pastor or other spiritual or religious leader and ask them to oppose any government restrictions on their right to perform the “rite” of marriage.
• Monitor EV’s legislative Advocacy Center for information on specific legislative proposals affecting relationship recognition.

Resources

• Arnold and Porter, Potential Impact of the Proposed Marshall Newman Amendment to the Virginia Constitution (August 11, 2006). Executive Summary, Full Report.
• Freedom to Marry: The Gay and Non-Gay Partnership Working to Win Marriage Equality Nationwide, http://www.freedomtomarry.org/
• Marriage and Relationship Recognition, Human Rights Campaign, http://www.hrc.org/issues/marriage.asp
• Marriage/Partner Recognition, The National Gay and Lesbian Task Force, http://www.thetaskforce.org/issues/marriage_and_partnership_recognition (including a memo entitled, Make Change Not Lawsuits, linked here, http://www.thetaskforceactionfund.org/take_action/guides/change_not_lawsuits.pdf
• DOMA Watch, http://www.domawatch.org/index.php, a website maintained by a coalition of organizations and individuals opposed to same sex marriage which provides current information on developments in the states