I used to live in Leesburg, Virginia so when the news bite from the Leesburg 2day online paper appeared in my email, I found myself studying it. You see, like many other states of late, there is an upcoming vote in Virginia with regard to gay marriage.
It’s important to note that the there is already a law in Virginia banning marriage to same-sex couples. So what is the upcoming vote in regard to? This time it’s not just a state law they are voting on, but an amendment to the state constitution altering the Bill of Rights in order to deny marriage to same sex couples.
Now, the interesting part of this battle between Equality groups and conservatives is the language of the amendment:
Shall Article I of the Bill of Rights of the Constitution of Virginia be amended to state: That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. The Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership or other legal status to which is assigned the rights, benefits, obligations, qualities or effects of marriage.
The Battle Lines are Being Drawn
Interestingly enough, the argument against this amendment is that it doesn’t just affect same-sex couples, but any couple including those of opposite genders who do not marry in a state sanctioned union. This affects civil unions as well as religious ones. It may also make legal rights of couples tricky – considering they cannot approximate marriage – so what does that do to legal partnerships and contracts filed in legal format that would grant couples a legal approximation of marriage?
This is a really hard one to answer. I am not sure why the amendment is necessary if there is already a state law – and the wording of the amendment seems to be in contradiction to the statement: Bill of Rights. Still, despite heavy opposition, I rather expect the amendment will pass. The trend over the last year shows a very reactionary conservatism that is sweeping the country with regard to the term Marriage and what it means.
I do find it interesting however, that Jeremy Mayer, a public policy professor at George Mason University says that now is the time for laws like these, because future generations – those who have grown up in the 90s and early 21st century are going to be less likely to have a problem gay or pro-gay rights. He calls them the Will and Grace generation.
If he’s right – then in 20 years or so – all this conservatism will likely be turned on its ear – much like the civil rights movements of the 60s. So it will be interesting to watch.
Do you think the state of Virginia needs to amend their Bill of Rights since they already have a state law banning same-sex marriage? Or is it overkill?
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